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SCANLON v. JENSEN

88-04-02337; CA A61032.

796 P.2d 371 (1990)

102 Or.App. 631

R. Patrick SCANLON, Appellant, v. Robert A. JENSEN, Respondent, and Thomas R. Sanford and Anne H. Sanford, Defendants.

Court of Appeals of Oregon.

Decided August 1, 1990.

Reconsideration Denied October 3, 1990.

Attorney(s) appearing for the Case

Barbee B. Lyon, Portland, argued the cause, for appellant. With him on the briefs, were Terry W. Baker and Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Timothy R. Volpert, Portland, argued the cause, for respondent. With him on the brief, were Valerie T. Auerbach, James C. Waggoner and Waggoner, Farleigh, Wada, Georgeff & Witt, P.C., Portland.

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

BUTTLER, Presiding Judge.

Plaintiff seeks a declaration that defendant is liable for a $70,000 real estate commission. The trial court granted defendant's motion for a directed verdict after the close of plaintiff's case-in-chief, concluding that ORS 696.710 barred plaintiff's action. Plaintiff appeals from the judgment of dismissal. We reverse and remand.

Defendants Jensen and Sandfords1 owned an apartment complex referred to...

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