TRIP v. BARKDOLL


502 P.2d 219 (1972)

Harry O. TRIP, Appellant, v. George E. BARKDOLL, Respondent.

Supreme Court of Oregon.

Decided October 27, 1972.


Attorney(s) appearing for the Case

Hardy Myers, Jr., Portland, argued the cause for appellant. With him on the briefs were Rives, Bonyhadi & Hall, Portland.

Joseph W. Glaze, Portland, argued the cause and filed a brief for respondent.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


TONGUE, Justice.

This is an action by a realtor for $50,000 in profits allegedly lost as the result of the termination by defendant of an exclusive "net price" listing agreement for the sale of two motels owned by defendant. Defendant's answer alleged, as an equitable defense, that plaintiff, as a real estate broker, breached his fiduciary duty to defendant both before and after the execution of the listing agreement. The...

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