Wagner v. Ryder Truck Lines

Plaintiff appeals from the trial court’s orders allowing defendant’s motions to dismiss his third and fourth amended complaints and denying him the right to plead further and from the entry of judgment in favor of defendant. We reverse and remand.

Plaintiff brought this action for damages for an alleged breach of an exclusive truck brokerage contract. The trial court dismissed his third and fourth amended complaints for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). Plaintiff contends that a prima facie case for breach of contract was alleged in both of the…