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BECKER v. CAPWELL

527 P.2d 120 (1974)

Jerry R. BECKER, Appellant, v. George R. CAPWELL, Respondent, Sadie Pickering et al., Defendants.

Supreme Court of Oregon.

Decided October 17, 1974.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were A. Allan Franzke, Robert G. Simpson, and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Myron L. Enfield, Salem, argued the cause for respondent. With him on the brief was Peery T. Buren, Salem.

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

HOWELL, Justice.

Plaintiff filed this action at law to recover alleged "secret profits" from the defendant, who was plaintiff's agent and a real estate broker. The trial court granted defendant's motion for a judgment of involuntary nonsuit, and plaintiff appeals.

On June 3, 1969, the defendant purchased certain property known as the Lancaster property.1 Defendant was an experienced real estate broker who worked as a consultant...

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