PROGRAMMED PROPERTIES CORPORATION v. McDANIEL


495 P.2d 1191 (1972)

PROGRAMMED PROPERTIES CORPORATION, Respondent, v. D.L. McDaniel and Kathleen McDaniel, Husband and Wife, Appellants.

Supreme Court of Oregon, In Banc.

Decided April 19, 1972.


Attorney(s) appearing for the Case

John C. Caldwell, Oregon City, argued the cause for appellants. With him on the briefs were Hibbard, Caldwell, Canning & Schultz, Oregon City.

James H. Bean, Portland, argued the cause for respondent. With him on the brief were Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Portland.


HOLMAN, Justice.

This is an action upon a promissory note for $10,000 and attorney's fees. It was tried to the court without a jury. Judgment was entered for plaintiff and defendants appeal.

Defendants were owners of a piece of real property which they decided to sell. It was sold for them by plaintiff, a real estate brokerage corporation. The purchaser was Homart, Inc., a corporation whose shares were publicly traded, which also was a client of plaintiff...

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