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MOODY v. HURRICANE CREEK LUMBER CO.

No. 78-6061; CA 15162.

616 P.2d 514 (1980)

48 Or.App. 39

Michael MOODY, Respondent, v. HURRICANE CREEK LUMBER COMPANY, an Oregon Corporation, Appellant, Jerry Johnson and Jack Gourley, Defendants.

Court of Appeals of Oregon.

Decided September 2, 1980.

Reconsideration Denied October 7, 1980.

Attorney(s) appearing for the Case

Stuart M. Brown, Eugene, argued the cause for appellant. With him on the brief was Young, Horn, Cass & Scott, Eugene.

Clayton C. Patrick, Salem, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

In this contract action tried to the court, defendant appeals from an adverse judgment contending that plaintiff's claim was premised on his being a "business chance broker" and therefore, as a matter of law, he was required to allege and prove that he was a licensed real estate broker or salesman. ORS 696.610 to 696.640. Because plaintiff failed to do either, defendant contends that the agreement on which plaintiff's case rests is void.

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