Longstaff v. Mills

RAPER, Justice, Retired.

Appellant’s complaint appears to allege an oral contract. The trial judge sustained a Motion to Dismiss on the ground that the statute of limitations had run against the claim.1

Appellant presents the issues to be:

1. Does Plaintiffs complaint state a claim upon which relief can be granted on grounds sufficient to withstand a rule 12(b)(6) motion to dismiss?

2. Was Defendant Mills[’] motion to dismiss under WRCP 12(b)(6) converted to a motion for summary judgment?

3. Did the Court err in granting Defendant’s motion to dismiss Plaintiff’s complaint?

4. Did the Court abuse…