WRIGHT v. SCHUTT CONSTRUCTION CO.


500 P.2d 1045 (1972)

Dillard E. WRIGHT, Dba Dillard Wright and Associates, Real Estate, Appellant, v. SCHUTT CONSTRUCTION CO., Inc., Respondent.

Supreme Court of Oregon, In Banc.

Decided September 8, 1972.


Attorney(s) appearing for the Case

Ralph D. Barrett, Springfield, argued the cause for appellant. With him on the briefs were Harms & Harold, Springfield.

Max S. Taggart, II, Springfield, argued the cause for respondent. With him on the brief were Sanders, Lively & Wiswall, Springfield.

An amicus curiae brief was submitted by Norman F. Webb, Salem, on behalf of Oregon Assn. of Realtors.


TONGUE, Justice.

This is an action by a real estate broker to enforce a provision in an exclusive listing agreement to the effect that in the event the owner of the listed property withdrew the authority of the broker to sell the property the owner agreed "to pay you the said commission just the same as if a sale had actually been consummated by you."

The listing agreement authorized plaintiff to sell defendant's property for the price of $200,000, "net to...

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