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PARK CITY CORPORATION v. WATCHIE

439 P.2d 587 (1968)

The PARK CITY CORPORATION, an Oregon Corporation, Appellant, v. H.R. WATCHIE and Sheila Watchie, Husband and Wife, Walter R. Lommel, H.R. Watchie & Associates, Inc., a Washington Corporation, and H.R. Watchie, Trustee, Respondents.

Supreme Court of Oregon, In Banc.

Decided April 10, 1968.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the brief were McColloch, Dezendorf & Spears and Herbert H. Anderson, Portland.

Randall B. Kester, Portland, argued the cause for respondents H.R. Watchie, Sheila Watchie, H.R. Watchie & Associates, Inc., and H.R. Watchie, Trustee. With him on the brief were Maguire, Kester & Cosgrave, Robert F. Maguire and William D. Rutherford, Portland.

James R. Moore, Portland, argued the cause for respondent Walter R. Lommel. With him on the brief were Mautz, Souther, Spaulding, Kinsey, & Williamson, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

SLOAN, Justice.

This is a suit by plaintiff corporation to recover from defendant H.R. Watchie and the other named defendants, alleged secret profits made by Watchie in the sale of certain land to the corporation at a time when Watchie was the promoter of the corporation and in complete control of it. The trial court found for defendants. Plaintiff appeals.

Defendant Watchie is a real estate broker of Seattle, Washington. For the past several years, until...

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