Nielsen v. Stephens

Plaintiffs appeal from a summary judgment dismissing their claims for fraud and breach of contract against defendants J.S. Investments, Inc. (J.S.), and F.J. Boresek, trustee of the F.J. Boresek Trust (Boresek). Plaintiffs have settled their claims against defendants Stephens and Moore, who played significant roles in the events at issue. We reverse and remand.

We state the facts most favorably to plaintiffs, the nonmoving parties. See ORCP 47; Jones v. General Motors Corp., 325 Or 404, 939 P2d 608 (1997). Plaintiffs own a home and two acres of land near Florence. At the relevant times they…