Dean Vincent, Inc. v. Chamberlain

Plaintiff, an Oregon corporation, brought this action to recover a real estate broker’s commission. Defendants’ supplemental answer and cross complaint contained three affirmative defenses, failure of consideration, lack of a binding contract, and fraud, and a counterclaim that alleged breach of a fiduciary duty by plaintiff and damages to the defendants. The plaintiff demurred to the defendants’ first affirmative defense (failure of consideration) and to the second affirmative defense (lack of a binding contract). The court entered an order allowing the demurrer to the second affirmative…