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ATHERTON v. COLLINS

240 Or. 265 (1965)

401 P.2d 15

ATHERTON v. COLLINS

Supreme Court of Oregon.

Affirmed as modified April 14, 1965.

Attorney(s) appearing for the Case

Stuart W. Hill, Portland, argued the cause for appellant. On the briefs were Gilley, Busey & Hill, Portland.

Jack L. Kennedy, Portland, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED AS MODIFIED.

DENECKE, J.

Plaintiff brought an action for a real estate broker's commission in the amount of $1,000. Defendant counterclaimed for $2,000 to recover an alleged secret commission collected by plaintiff and an alleged secret profit made by a third party because of plaintiff's breach of his fiduciary relationship to defendant. The trial court, sitting without a jury, entered a $2,000 judgment for defendant.

Defendant, an Alaskan...

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