Pollock v. DR Horton, Inc.-Portland

Plaintiffs appeal a judgment entered after the trial court’s grant of summary judgment to defendants on plaintiffs’ claims for breach of contract and on defendants’ counterclaims for breach of fiduciary duty, restitution, and breach of contract. We reverse.

Because the trial court granted defendants’ motions for summary judgment, we state the facts in the record most favorably to plaintiffs, including drawing all reasonable inferences in their favor. ORCP 47 C; Flug v. University of Oregon, 335 Or 540, 542, 73 P3d 917 (2003); Jones v. General Motors Corp., 325 Or 404, 420, 939 P2d 608 (1997).…