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PORTLAND FIXTURE CO. v. MALBERG

229 Or. 424 (1961)

367 P.2d 429

PORTLAND FIXTURE CO. v. MALBERG

Supreme Court of Oregon.

Affirmed December 29, 1961.

Attorney(s) appearing for the Case

Thomas R. Williams, Cottage Grove, argued the cause for appellant. With him on the briefs were Benson, Williams & McLennan, Portland.

Robert L. Dressler, Portland, argued the cause for respondent. On the brief were Buhlinger & Dressler, Portland.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and LUSK, Justices.

AFFIRMED.

PER CURIAM.

Portland Fixture Co. brought an action against the defendant, Malberg, for money had and received by Malberg in the amount of $723.15 as advances made by it to him while in its employ as a salesman. The defendant filed a cross-complaint in equity, wherein he sought an accounting between the parties for commissions alleged to have been earned by him and not paid by plaintiff. The trial was had...

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