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FOSTER v. PETERSON

No. 21842; CA 12449.

600 P.2d 490 (1979)

42 Or.App. 249

William A. FOSTER, Jr., Dba Century 21, Mr. Real Estate, Appellant, v. Dwayne E. PETERSON, Respondent.

Court of Appeals of Oregon.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Vernon W. Robinson, Bend, argued the cause and filed a brief for appellant.

Paul R. Unger, Redmond, argued the cause for respondent. With him on the brief was Bryant, Erickson, Jaqua & Bischof, Redmond.

Before SCHWAB, C.J., TANZER, RICHARDSON and ROBERTS, JJ., and PETERSON, J. Pro Tem.

PETERSON, Judge Pro Tem.

Plaintiff, a licensed real estate broker, brought this action to recover a broker's fee allegedly owing under an exclusive listing agreement covering the period July 23, 1976, through January 24, 1977. The listing price was $89,950, and defendant agreed to pay plaintiff 10% of the selling price as a commission for his services. The agreement contained this clause:

"THIS IS AN EXCLUSIVE LISTING...

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