Overbay v. Ledridge

1, 2. Plaintiff appeals a judgment dismissing her claims against defendants Smith and Johnson (defendants)1 for fraud and intentional infliction of emotional distress. She assigns as error that the court granted defendants’ motions to dismiss the claims on the ground that, in each instance, plaintiff had failed to allege ultimate facts sufficient to constitute a claim. ORCP 21A(8). We affirm.

In an earlier action, defendants had brought a real estate contract foreclosure action against plaintiff and her husband. The facts are recited in Johnson v. Overbay, 85 Or App 576, 737 P2d 1251,…