Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

Michael MORRISSEY, Deceased, and Betty Jane MORRISSEY, Appellants, v. Deloy L. DENNIS and Carol Ann (Sutton) Dennis, Respondents.

PER CURIAM

Affirmed.

PER CURIAM

Plaintiffs, sellers of real property, appeal from a judgment that, inter alia, allowed strict foreclosure and specified that defendants' total remaining "payoff" obligation on the land sale contract was $51,395.14. Plaintiffs assert that the $51,395.14 figure was erroneous in that it did not include accrued prejudgment interest from the date of default. Plaintiffs also appeal from a supplemental judgment for attorney fees, asserting that the court improperly offset and reduced their fees. We affirm.

Based on our review of the record, we conclude that any "error" in the $51,395.14 figure was invited error. In particular, plaintiffs' counsel proposed that figure to the trial court without qualification or reservation. Consequently, plaintiffs cannot complain of any "error" in that regard. See Calif.-Pacific Utilities v. Barry, 254 Or. 344, 347, 460 P.2d 847 (1969).

We reject, without elaboration, plaintiffs' arguments pertaining to the attorney fee award.

Affirmed.

Use AI to get other relevant cases.

Comments

MORRISSEY v. DENNIS
(Feb 4, 1998)