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DEAN VINCENT, INC. v. CHAMBERLAIN

504 P.2d 722 (1972)

DEAN VINCENT, INC., a Corporation, Appellant, v. Glenn A. CHAMBERLAIN and Emily Chamberlain, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 21, 1972.

Attorney(s) appearing for the Case

Max A. Ingerson, Eugene, argued the cause and filed a brief for appellant.

Marvin E. Hansen, Eugene, argued the cause for respondents. With him on the brief were Hansen, Curtis, Hendershott & Strickland, Eugene.

BRYSON, Justice.

Plaintiff, an Oregon corporation, brought this action to recover a real estate broker's commission. Defendants' supplemental answer and cross complaint contained three affirmative defenses, failure of consideration, lack of a binding contract, and fraud, and a counterclaim that alleged breach of a fiduciary duty by plaintiff and damages to the defendants. The plaintiff demurred to the defendants' first affirmative defense (failure of consideration...

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