Emmert v. O'BRIEN

*754ROSSMAN, J.

This is an action for damages for breach of contract against defendants O’Brien and for fraud and misrepresentation against the O’Briens and the other defendants arising out of an earnest money agreement for the sale of real property.1 On defendants’ motions, plaintiffs third, fourth and fifth amended complaints were dismissed, the last without leave to amend, for failing to state a claim on which relief can be granted. ORCP 21A.(8). A previous attempt to appeal the orders granting those motions was dismissed for want of an appealable judgment. Emmert v. O’Brien, 70 Or App 180, 688…