FULLMER v. CITY LUMBER COMPANY


463 P.2d 360 (1969)

Ernest M. FULLMER, Respondent, v. CITY LUMBER COMPANY, a Corporation, and Lloyd Larson, Appellants.

Supreme Court of Oregon, In Banc.

Decided December 31, 1969.


Attorney(s) appearing for the Case

Mervin W. Brink, Hillsboro, argued the cause for appellants. With him on the brief were Brink & Moore, Hillsboro.

James McCaffery, Tigard, argued the cause and filed a brief for respondent.

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


PER CURIAM.

Plaintiff, a lumber broker, brought this action to recover commissions for the sale of lumber he alleged were owed to him by defendant. The case was tried to the court without a jury. The trial court made findings in favor of plaintiff and entered judgment accordingly. Defendant appeals.

The defense was that plaintiff had been working as a partner with another broker named Larson and that the partnership had been overpaid. The trial court found...

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