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KILANDER v. BLICKLE CO.

571 P.2d 503 (1977)

Roy P. KILANDER, Respondent, v. BLICKLE CO., an Oregon Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 22, 1977.

Attorney(s) appearing for the Case

Christie H. Wiater, Portland, argued the cause for appellant. With her on the briefs were Miller, Anderson, Nash, Yerke & Wiener and John R. Bakkensen, Portland.

Frank M. Ierulli, Portland, argued the cause and filed a brief for respondent.

LINDE, Justice.

Plaintiff sued for a sales commission of $10,750 claimed to be owed him over and above $4,250 previously paid by defendant. Defendant pleaded an affirmative defense of accord and satisfaction by the payment of the $4,250, this being the commission defendant considered to be due. The trial court withdrew this defense from the jury. The jury returned a verdict for the $10,750 claimed by plaintiff, judgment was entered, and defendant appeals.

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