KNEZ v. RELIABLE REALTY, INC.

No. A7704-05868; CA 17106.

626 P.2d 372 (1981)

51 Or.App. 487

John S. KNEZ and Jeanne Marie Knez, Husband and Wife, Appellants, v. RELIABLE REALTY, INC., a Corporation, and Claude Forquer, Respondents.

Court of Appeals of Oregon.

Decided April 6, 1981.

Reconsideration Denied May 14, 1981.

Review Denied July 14, 1981.


Attorney(s) appearing for the Case

Christopher James, Portland, argued the cause for appellants. With him on the briefs were David R. Ambrose and James C. Maletis, P.C., Portland.

Donald C. Walker, Portland, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


THORNTON, Judge.

Plaintiffs appeal from a judgment for defendants on their claim for breach of fiduciary duty against defendant Forquer, a salesman for defendant Reliable Realty (Reliable). They assign error to the following:

1) Denial of their motion for a new trial;1

2) Entry of a judgment on a stipulated record rather than a summary judgment;

3) Finding that Forquer was not plaintiffs' agent, contrary to the...

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