Lindemeier v. Walker

Plaintiffs filed this action at law against a real estate broker to recover damages for the broker’s alleged failure to sell property at its market value. The defendant filed a demurrer to plaintiffs’ amended complaint on the grounds that plaintiffs’ action was barred by the two-year statute of limitations for torts, ORS 12.110. The trial court sustained the demurrer and judgment was entered in favor of defendant. Plaintiffs appeal, contending that the complaint stated a cause of action in contract and the six-year statute of limitations, ORS 12.080, applied.

The complaint alleged the…