HECKENLAIBLE v. FROMHERZ


577 P.2d 523 (1978)

Ethel M. HECKENLAIBLE, Dba Tri-County Properties, Appellant, v. Allen J. FROMHERZ, Respondent.

Supreme Court of Oregon, Department 1.

Argued and Submitted March 8, 1978.


Attorney(s) appearing for the Case

Steve Anderson, Salem, argued the cause and filed briefs for appellant.

Donald R. Jacobs, Salem, argued the cause for respondent. With him on the brief was Paul M. Ferder, Salem.

Before DENECKE, C.J., HOLMAN and HOWELL, JJ., and JOSEPH, J. Pro Tem.


HOLMAN, Justice.

This is an action for a commission brought upon a listing agreement by a real estate broker against a seller of real property. The case was tried by the court without a jury and plaintiff appeals from a judgment for defendant.

On July 27, 1976, the parties entered into a listing agreement for a period of 60 days. About two weeks after the expiration of that period plaintiff found a buyer from whom she secured a deposit, and a signed earnest...

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