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BERNARD v. VATHEUER

CC A8310-06396/CA A36722/SC S33547.

737 P.2d 128 (1987)

Norman BERNARD, Respondent On Review, v. Hans VATHEUER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted April 7, 1987.

Attorney(s) appearing for the Case

Mildred J. Carmack, Portland, argued the cause for petitioner on review. With her on the petition were Paul R. Bocci and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Michael S. Sommers, of Day & Gregores, P.C., Portland, argued the cause for respondent on review.

JONES, Justice.

Plaintiff, Norman Bernard, a real estate salesman, sought damages for breach of an oral joint venture agreement between himself and defendant, Hans Vatheuer. Defendant moved for a directed verdict, alleging that plaintiff had failed to establish the joint venture agreement by "clear and convincing evidence." Plaintiff responded that he must prove his case only by a preponderance of the evidence. The trial court denied defendant's motion for a directed...

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