DiTOMMASO REALTY v. MOAK MOTORCYCLES

86-6-84; CA A45797.

773 P.2d 391 (1989)

96 Or.App. 431

DiTommaso REALTY, Inc., Dba Century 21/DiTommaso Realty, an Oregon Corporation, Respondent, v. MOAK MOTORCYCLES, Inc., an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided May 10, 1989.

Reconsideration Denied June 16, 1989.

Review Allowed August 1, 1989.


Attorney(s) appearing for the Case

David W. Dardano, Portland, argued the cause for appellant. With him on the brief was Dardano & Mowry, P.C., Portland.

Tony Pizzuti, Canby, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Defendant appeals a judgment awarding plaintiff, a real estate broker, liquidated damages pursuant to a clause in an exclusive listing agreement that provided for payment of a broker's fee if defendant sold the property. The only issue is whether that clause is an enforceable liquidated damages provision. We conclude that it is and affirm.

In 1982, the parties executed a listing agreement for the sale of property owned by defendant. That agreement...

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