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DITOMMASO REALTY v. MOAK MOTORCYCLES

CC 86-6-84; CA A45797; SC S36225.

785 P.2d 343 (1990)

309 Or. 190

DITOMMASO REALTY, Inc., Dba Century 21/Ditommaso Realty, an Oregon Corporation, Respondent On Review, v. MOAK MOTORCYCLES, Inc., an Oregon Corporation, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided January 11, 1990.

Attorney(s) appearing for the Case

David W. Dardano, Portland, argued the cause and filed the petition for petitioner on review.

Tony Pizzuti, Canby, argued the cause and filed a response to the petition for respondent on review.

Ray W. Shaw of Heltzel, Upjohn, Shaw, Williams & Yandell, Salem, filed a brief on behalf of amicus curiae, Oregon Ass'n of Realtors.

Gile R. Downes of Schulte, Anderson, DeFrancq, Downes & Carter, P.C., Portland, filed a brief on behalf of amicus curiae, Multiple Brokers, Inc.

JONES, Justice.

The issue in this case is whether a contractual clause, providing that a real estate broker shall receive 10 percent of the selling price no matter who actually sells the property, was an unenforceable liquidated damages provision. We hold that the provision was not for liquidated damages but was an independent, valid contractual promise.

Plaintiff sought recovery for a contract debt, not for liquidated...

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