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Barnes v. Bob Godfrey Pontiac

Oregon Court of Appeals
Aug 27, 1979
41 Or. App. 263 (Or. Ct. App. 1979)

Summary

In Barnes, the plaintiffs alleged three causes of action relating to the defendant's repair of the plaintiffs' car: breach of contract, negligence, and unlawful trade practices.

Summary of this case from Bedford v. Merety Monger Trust

Opinion


598 P.2d 1289 (Or.App. 1979) 41 Or.App. 745 Brian R. BARNES and Sherill Barnes, husband and wife, Respondent, v. BOB GODFREY PONTIAC, INC., an Oregon Corporation, Appellant. No. A78-204; CA 12777. Court of Appeals of Oregon, In Banc. August 27, 1979

Jack A. Billings, and Diment, Jagger & Billings, Eugene, for petition.

BUTTLER, Judge.

In their petition for reconsideration, plaintiffs contend that we erred in reversing that part of the trial court judgment awarding attorney's fees to them.

In the briefs filed in the original appeal to this court, the defendant (appellant) assigned error to the trial court's awarding attorney's fees to plaintiffs under ORS 20.080 because the amount pleaded in plaintiffs' original complaint exceeded the sum of $1,000. Plaintiffs' argument in opposition consisted of one paragraph contending that the case went to trial on plaintiffs' amended complaint which clearly prayed for damages of less than $1,000, and that it was the amended complaint which controlled in determining entitlement to attorney's fees under the statute. We construed plaintiffs' brief to have conceded that the original complaint prayed for more than $1,000, and on this basis we held that ORS 20.080 did not authorize an award of attorney's fees to the prevailing plaintiffs.

On reconsideration, we are satisfied that although plaintiffs did not argue the question on this ground, they did not concede that the original complaint sought more than $1,000 in damages. The original complaint set forth three alternative theories of recovery which would not have permitted recovery of more than $1,000.

Accordingly, the trial court was authorized under the statute to award attorney's fees to the prevailing plaintiffs. That portion of our original opinion reversing the trial court's award of attorney's fees to plaintiffs is modified, and the judgment of the trial court is affirmed in all respects.

Reconsideration allowed. Former opinion modified.


Summaries of

Barnes v. Bob Godfrey Pontiac

Oregon Court of Appeals
Aug 27, 1979
41 Or. App. 263 (Or. Ct. App. 1979)

In Barnes, the plaintiffs alleged three causes of action relating to the defendant's repair of the plaintiffs' car: breach of contract, negligence, and unlawful trade practices.

Summary of this case from Bedford v. Merety Monger Trust

In Barnes, we determined that separate, alternative claims for relief, even though involving the same operative facts, should not be aggregated for the purposes of ORS 20.080. 41 Or.App. at 747, 598 P.2d 1289.

Summary of this case from Bedford v. Merety Monger Trust

In Barnes, the plaintiff originally pleaded three claims for relief, with a total demand exceeding ORS 20.080's former $1,000 limit.

Summary of this case from Wyatt v. Sweitz
Case details for

Barnes v. Bob Godfrey Pontiac

Case Details

Full title:BARNES et ux, Respondent, v. BOB GODFREY PONTIAC, INC., Appellant

Court:Oregon Court of Appeals

Date published: Aug 27, 1979

Citations

41 Or. App. 263 (Or. Ct. App. 1979)
41 Or. App. 263
41 Or. App. 745
597 P.2d 1285

Citing Cases

Bedford v. Merety Monger Trust

” Citing Beers v. Jeson Enterprises, 165 Or.App. 722, 998 P.2d 716 (2000), and Barnes v. Bob Godfrey Pontiac,…

Wyatt v. Sweitz

Steele, 135 Or App at 636. Barnes v. Bob Godfrey Pontiac, Inc., 41 Or. App. 263, 597 P.2d 1285, mod 41 Or.…