There was no penalty asessed when defendants appealed the principal case. Parries v. Labato, 40 Or. App. 851, 597 P.2d 356 (1979). In this case when the plaintiff garnisheed the insurance company of the defendant, it paid the face amount of the policy in the sum of $15,000.
See Office Electronics, Inc. v. Grafic Forms, Inc. 72 Ill. App.3d 456, 28 Ill.Dec. 594, 390 N.E.2d 953 (1979); Countess v. Strunk, 630 S.W.2d 246 (Mo. App. 1982); Oberempt v. Egri, 401 A.2d 483 (Mich. App. 1980); Cook v. Beerman, 202 Neb. 447, 276 N.W.2d 84 (1979); Yates v. Large, 284 Or. 217, 585 P.2d 697 (1978); Drake Insurance Company v. King, 606 S.W.2d 812 (Tex. 1980); Hersch v. E.W. Scripps Co., 3 Ohio App.3d 367, 445 N.E.2d 670 (1981); Trans Western Leasing Corp. v. Corrao Construction Company, Inc., 98 Nev. 445, 652 P.2d 1181 (1982); Indiana State Highway Commission v. Vanderbur, 432 N.E.2d 418 (Ind. App. 1982); and My Sister's Place v. City of Burlington, 139 Vt. 602, 433 A.2d 275 (1981). In the case of Parries v. Labato, 40 Or. App. 851, 597 P.2d 356 (1979) the court said: Defendants next contend that the trial court erred in admitting defendants' amended answer as an admission.
The action proceeded solely against the law firm, which is the only appealing party. In reviewing the denial of the motion for a directed verdict, we examine the facts to determine whether there was sufficient evidence from which the jury could reach a verdict against the law firm. Parries v. Labato, 40 Or. App. 851, 859, 597 P.2d 356, rev den 287 Or. 507 (1979). We turn first to the breach of contract claim.