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HIESTAND v. WOLFARD

536 P.2d 520 (1975)

John F. HIESTAND, Jr., Appellant, v. Robert WOLFARD, Respondent.

Supreme Court of Oregon, In Banc.

Submitted on Briefs May 2, 1975.

Attorney(s) appearing for the Case

Roger A. Nelson, Portland, submitted a brief for appellant.

John R. Brooke, Portland, submitted a brief for respondent.

McALLISTER, Justice.

Plaintiff filed this action to recover a real estate commission allegedly due under an Acreage and Farm Listing Agreement signed by the defendant Wolfard as the seller. Plaintiff also prayed for the allowance of $1,535 as a reasonable attorney's fee to be paid by the seller under the following provision of the agreement:

"* * * In case of a suit or action on the contract I hereby agree to pay such additional sums as the court adjudge...

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