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PECK v. LEE

493 P.2d 1375 (1972)

Edward PECK, Jr., and James Grady, Dba Peck Grady Associated Architects, Respondents, v. David A. LEE and Richard R. Smith, Dba R.R. Smith and Associates, Appellants.

Supreme Court of Oregon, In Banc.

Decided February 24, 1972.

Attorney(s) appearing for the Case

Mark McCulloch, Portland, argued the cause and filed a brief for appellants.

Gary M. Bullock, Portland, argued the cause for respondents. With him on the brief was Paul Gerhardt, Portland.

DENECKE, Justice.

The plaintiffs recovered a judgment for architectural fees, and defendants appeal. There is no transcript of testimony. Defendants contend that two exhibits which are in the record establish that they are entitled to a judgment as a matter of law.

An agreement signed by all parties provided, in part:

"In the event that the venture is not successful in receiving a contract for the project, the fee due and payable to the architects...

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