Capital Mortgage Holding v. Hahn

OPINION

Appellant Capital Mortgage Holding Corporation (“Capital”) brought suit in district court against the respondents seeking specific performance or damages for breach of an oral contract. Respondents moved to dismiss the complaint for failure to state a claim for relief pursuant to NRCP 12(b)(5), on the ground that recovery was barred by the statute of frauds. The district court granted the motion, and this appeal followed. For the reasons expressed below, we reverse.

On a motion to dismiss for failure to state a claim for relief, the trial court and this court must construe the pleadings…