THOMAS v. BOURDETTE

No. A7610-14515; CA 12073.

608 P.2d 178 (1980)

45 Or.App. 195

James K. THOMAS, Appellant, v. Roy BOURDETTE and Fern C. Bourdette, Husband and Wife, Dba Abc Mobile Brakes of Portland; Rofern, Inc., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided March 17, 1980.


Attorney(s) appearing for the Case

Robert D. Newell, Portland, argued the cause for appellant. With him on the briefs was Black, Kendall, Tremaine, Boothe & Higgins, Portland.

Elizabeth L. Perris, Portland, argued the cause for respondent. With her on the brief was McMenamin, Joseph, Herrell, Paulson & Babener, Portland.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.


TANZER, Presiding Judge.

This action for breach of a management contract was tried to the court. Plaintiff-manager appeals the judgment for employer and asserts as a matter of law that:

(1) His failure to implement the employers' directives does not constitute just cause for his termination.

(2) His five-year managerial contract, which contains an option to purchase the business, creates an agency power coupled with an interest rendering the contract...

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