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LINDLEY v. NELSON

CC85-176; CA A42683.

747 P.2d 392 (1987)

89 Or.App. 149

Marion D. LINDLEY, Appellant, v. Norm NELSON, Jr., and Norm Nelson, Sr., Defendants, and Nelson Tire, Inc., Respondent.

Court of Appeals of Oregon.

Decided December 30, 1987.

Attorney(s) appearing for the Case

B. Gil Sharp, Hood River, argued the cause and filed the brief, for appellant.

James R. Foster, The Dalles, argued the cause, for respondent. With him on the brief was Lewis, Foster & Peachey, The Dalles.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

In this action for unpaid wages, plaintiff appeals from a judgment notwithstanding the verdict entered in favor of defendant Nelson Tire, Inc. (Nelson Tire). The dispositive issue is whether there is any evidence that defendant Norm Nelson, Jr., (Junior) acted on behalf of Nelson Tire when he offered plaintiff 25 percent of the profit of Nelson Exhaust in addition to plaintiff's regular salary. We hold that there is sufficient evidence and reverse.<...

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