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ACMER CORPORATION v. STATE TRANSPORT COMPANY

549 P.2d 1114 (1976)

ACMER CORPORATION, an Oregon Corporation, Respondent and Cross-Appellant, v. STATE TRANSPORT COMPANY, an Oregon Corporation, Appellant and Cross-Respondent.

Supreme Court of Oregon.

Decided May 20, 1976.

Attorney(s) appearing for the Case

Robert E. Franz, Jr., Eugene, argued the cause for appellant and cross-respondent. On the briefs was Donald A. Gallagher, Jr., of Jaqua & Wheatley, Eugene.

Paul D. Clayton of Luvaas, Cobb, Richards & Fraser, Eugene, argued the cause and filed a brief for respondent and cross-appellant.

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

DENECKE, Justice.

The plaintiff, Acmer Corporation, contracted with the defendant, State Transport Company, a corporation, to attempt to sell Transport's business. Acmer brought this action to recover a commission for performing that contract. The trial court, sitting without a jury, gave judgment to Acmer. Transport appeals.

The issues are whether the president of Transport was authorized to contract for Transport and whether Transport caused the sale arranged...

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