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GILLEY CO. v. MUTUAL WHOLESALE DRUG CO.

No. 7910-05094; CA 19233.

650 P.2d 956 (1982)

59 Or.App. 48

THE GILLEY COMPANY, an Oregon Corporation, Respondent, v. MUTUAL WHOLESALE DRUG COMPANY, an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided September 8, 1982.

Reconsideration Denied October 14, 1982.

Attorney(s) appearing for the Case

Gary V. Abbott, Portland, argued the cause for appellant. With him on the briefs was Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

Curtis W. Cutsforth, Portland, argued the cause for respondent. With him on the brief were James N. Westwood, Miller, Nash, Yerke, Wiener & Hager, Portland, and John H. Holmes, Lee S. Aronson and Jensen, DeFrancq, Holmes & Schulte, Portland.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

GILLETTE, Presiding Judge.

This was an action for a real estate commission. Defendant, Mutual Wholesale Drug Company (Mutual), appeals from a jury verdict in favor of plaintiff, The Gilley Company (Gilley). Mutual argues that the trial court erred by striking all of its affirmative defenses and several of its counterclaims and by granting Gilley a directed verdict on the counterclaims. We reverse.

In 1977, Mutual asked Charles Cota, a senior vice president...

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