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HEKKER v. SABRE CONSTRUCTION COMPANY

510 P.2d 347 (1973)

Thomas L. HEKKER, Respondent, v. SABRE CONSTRUCTION COMPANY, an Oregon Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided May 24, 1973.

Attorney(s) appearing for the Case

Douglas G. Beckman, Portland, argued the cause for appellant. With him on the briefs were Black, Kendall, Tremaine, Boothe & Higgins, Portland.

Stephen B. Herrell, Portland, argued the cause for respondent. With him on the brief were McMenamin, Jones, Joseph & Land, Portland.

McALLISTER, Justice.

This is an action at law brought by the plaintiff Hekker to recover commissions earned as a salesman for the defendant Sabre Construction Company. The case was tried sans jury and the trial court found for plaintiff. Defendant appeals and plaintiff cross appeals from the denial of his right to attorney fees and a penalty.

This is one of a disconcerting number of cases in which the appellant, in a case tried by the court without...

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