Court of Appeals of Oregon October 12, 1981, 110695, CA 17066 (King v. Suniga)

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WARDEN, J.

This is a suit to foreclose a construction lien. Because defendant Suniga (hereafter defendant) had tendered into court an amount equal to the sum which the trial court found was due plaintiffs on the construction contract, the trial court refused to foreclose plaintiffs’ construction lien and awarded defendant attorney fees, pursuant to ORS 87.060(4).

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Plaintiffs appeal.