Oregon Supreme Court, 1969

Fullmer v. City Lumber Co.

Fullmer v. City Lumber Co.
Oregon Supreme Court · Decided December 31, 1969 · Connell, Denecke, Goodwin, Holman, McAllister, Perry, Sloan
254 Or. 622; 463 P.2d 360; 1969 Ore. LEXIS 415

Fullmer v. City Lumber Co.

Opinion of the Court

PER CURIAM.

Plaintiff, a lumber broker, brought this action to recover commissions for the sale of lumber he alleged were owed to him by defendant. The case was tried to the court without a jury. The trial court made findings in favor of plaintiff and entered judgment accordingly. Defendant appeals.

The defense was that plaintiff had been working as a partner with another broker named Larson and that the partnership had been overpaid. The trial court found that there had not been a partnership. There is evidence to support the trial court’s findings and those findings, of course, have the validity of a jury verdict. Anaheim Co. v. Holcombe, 1967, 246 Or 541, 548, 426 P2d 743, 746.

Affirmed.

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