DEAN VINCENT, INC. v. KRIMM

No. A7608-10969; SC 25511.

591 P.2d 740 (1979)

285 Or. 439

DEAN VINCENT, INC., an Oregon Corporation, Appellant, v. David O. KRIMM, Respondent.

Supreme Court of Oregon, Department 1.

Decided March 8, 1979.


Attorney(s) appearing for the Case

Richard O. Thomas of Gaylord & Thomas, Portland, argued the cause and filed briefs for appellant.

Graham Walker, Portland, argued the cause for respondent. With him on the brief was Robert M. Mercer of Mercer, MacLaren, Talney & Crew, Portland.

Before DENECKE, C.J., and HOLMAN, HOWELL and LENT, JJ.


HOLMAN, Justice.

Plaintiff brought an action to recover a real estate commission under the terms of a listing agreement. The agreement provided that if plaintiff produced a purchaser ready, able and willing to buy upon the terms in the listing, or if the owner during the period of a listing withdrew the authority to sell, plaintiff was entitled to its full 10 per cent commission. The case was tried to the court without a jury and plaintiff appealed from a judgment...

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