FREBERG v. CALDERWOOD


552 P.2d 545 (1976)

Milton S. FREBERG, Jr., Respondent, v. Richard A. CALDERWOOD, Appellant.

Supreme Court of Oregon, Department 1.

Decided July 29, 1976.


Attorney(s) appearing for the Case

Robert C. Millikan, Roseburg, argued the cause for appellant. On the brief was James C. Farrell, P.C., Roseburg.

Fred Bernau, of Bernau & Wilson, Roseburg, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and McALLISTER, TONGUE and HOWELL, JJ.


PER CURIAM.

This is an action on a promissory note, with a counterclaim for a real estate broker's commission. The case was tried before the court, sitting without a jury. The trial court entered judgment in favor of plaintiff on the principal action and also on the counterclaim, based upon findings that defendant had breached his fiduciary duty as a real estate broker, thereby forfeiting his right to a commission. Defendant...

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