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return for Great Western's promise to sell those properties and
remit to Mr. Rogers 95 percent of the proceeds. The character of
Mr. Rogers' interest in the nonhospital properties and the point
at which Mr. Rogers received that interest are not disclosed in
any of the stipulated documents. Because the instant case was
submitted on the basis of the stipulation of facts without trial,
there is no other evidence concerning Mr. Rogers' interest in the
nonhospital properties.
Acknowledging that there is no documentary evidence of a
compensation agreement between Mr. Rogers and Alpha Hospital,
respondent argues that there was an oral understanding between
Mr. Rogers and Alpha Hospital that Mr. Rogers would attempt to
sell the hospital properties acquired by Alpha Hospital from AMH
in return for the receipt of the nonhospital properties on
consummation of the sale. Respondent, however, presented no
witnesses to testify to that understanding and presented no other
evidence in addition to the stipulations.
As we stated in the introduction to our findings of fact,
the record in the instant case is confusing and incomplete. The
stipulations of fact fail to explain the significance of the
numerous attached exhibits and the details of the transaction
which the exhibits purport to describe. The opacity of the
record appears to be due in no small part to respondent's failure
to articulate a coherent theory of the case until long after all
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