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WASSERBURGER v. AMERICAN SCIENTIFIC CHEMICAL, INC.

514 P.2d 1097 (1973)

William G. WASSERBURGER, Appellant, v. AMERICAN SCIENTIFIC CHEMICAL, INC., an Oregon Corporation, and Earl F. Bates, an Individual, Respondents.

Supreme Court of Oregon, In Banc.

Decided October 11, 1973.

Attorney(s) appearing for the Case

Frank A. Moscato, Portland, argued the cause for appellant. On the brief were Hanna & Purcella and Roger G. Weidner, Portland.

Frederick T. Smith, Portland, argued the cause for respondents. With him on the brief were Dusenbery, Martin, Bischoff & Templeton, Portland.

TONGUE, Justice.

This is an action on an oral contract to recover allegedly unpaid sales commissions. The case was tried before the court, without a jury. Plaintiff appeals from a judgment for defendant. We affirm.

One of plaintiff's two assignments of error is that:

"The trial court erred in holding that plaintiff's right to commissions under the contract ceased the moment plaintiff discussed with United the possibility of United buying their medical...

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