Nicholson v. Hardwick

In this action by a real estate broker to recover a commission allegedly owed him by defendant sellers, we affirmed the trial court’s judgment for defendants. Nicholson v. Hardwick, 47 Or App 851, 615 P2d 406 (1980). We concluded there was a conflict in the evidence regarding whether the failure of the contemplated sale to be consummated was the fault of the sellers. We held the conflict was resolved in favor of defendants. Plaintiff petitioned for review in the Supreme Court, and under Rule 10.10, Rules of Appellate Procedure, the case is automatically before us as a petition for…