Fred Shearer & Sons, Inc. v. Prendergast

Plaintiff in this action on a promissory note appeals from the dismissal of its complaint for failure to state ultimate facts sufficient to constitute a claim, ORCP 21 A(8), and from the award of attorney fees to defendant. On an appeal from the trial court’s grant of an ORCP 21 A(8) motion, we assume the truth of all well-pleaded facts alleged in the complaint and give plaintiff the benefit of all favorable inferences that may be drawn from those facts. Stringer v. Car Data Systems, Inc., 314 Or 576, 584, 841 P2d 1183 (1992). We reverse and remand.

The issue is whether plaintiffs complaint…