at 95. Therefore, the "plaintiffs' election to rescind the purchase agreement cancelled all of plaintiffs' contractual rights to the benefits of the contract, including an award of attorney's fees in the event of litigation." Id.; see also Kennedy v. Gillam Development Corp., 80 P.3d 927, 980 (Colo.App.2008). [T14] There is, however, a critical distinction between the case at bar and cases such as Pickinpaugh and Kennedy. Unlike the parties in those cases, Castleberry did not seek rescission of the contract. Instead, she simply availed herself of the default remedies available under the contract. In this respect, the case at bar is more akin to a later Oregon Supreme Court case entitled Usinger v. Campbell, 280 Or. 751, 572 P.2d 1018 (1977). The Usinger case involved a suit 1 (2002) (<HOLDING>). [T15] Finally, the Phelans claim that, under
holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract holding that the power to terminate a contract atwill subsumes the power to modify its terms holding that attorneys fees were available to seller who elected to terminate a contract for deed in accordance with its default terms holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees holding district court abused its discretion by entering default judgment where attorney caused delay and sanctions short of default such as costs attorneys fees or contempt of court would have likely cured the attorneys failure to respond