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Mcgarry v. Hansen

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eBook details

  • Title: Mcgarry v. Hansen
  • Author : South Carolina Supreme Court
  • Release Date : January 28, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Plaintiff purchased a motorcycle manufactured by defendant. Mechanical problems developed. After defendant did not resolve them to plaintiffs satisfaction, he brought this action alleging breach of contract and breach of express and implied warranties, claiming $5,500 in damages. A jury returned a verdict in plaintiffs favor for that amount. In a supplemental judgment, the court awarded plaintiff $46,909 in attorney fees, an enhanced prevailing party fee of $2,000, and $777 in costs and disbursements. On appeal, defendant contests only the allowance of attorney fees, arguing that the statute under which they were allowed, ORS 20.082, does not apply to actions on contracts unless the contract was one "evidencing a debt." We review for error of law, Chaffee v. Shaffer Trucking, Inc., 151 Or App 323, 325, 948 P2d 760 (1997), and affirm.


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