Categories: Oregon Supreme Court

FULLMER v. CITY LUMBER CO., 254 Or. 622 (1969)

463 P.2d 360

FULLMER, Respondent, v. CITY LUMBER COMPANY ET AL, Appellants.

Oregon Supreme Court.Argued December 9, 1969
Affirmed December 31, 1969

IN BANC

Appeal from Circuit Court, Washington County.

FRANK C. McCOLLOCH, Judge.

Mervin W. Brink, Hillsboro, argued the cause for appellants. With him on the brief were Brink Moore, Hillsboro.

James McCaffery, Tigard, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O’CONNELL, GOODWIN,[*] DENECKE and HOLMAN, Justices.

[*] Goodwin, J., resigned December 19, 1969.

AFFIRMED.

Page 623

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 P.2d 743, 746.

Affirmed.

Page 624

jdjungle