Fessler v. Quinn

Plaintiffs brought this action seeking damages allegedly arising after their 1993 purchase of a residence in Lincoln County. They alleged a claim of negligence and a claim for breach of contract against defendant Quinn (defendant), who had inspected the house before the purchase. On the day of trial, defendant moved to dismiss plaintiffs’ negligence claim pursuant to ORCP 21 A(8), arguing that the negligence claim really alleged a breach of contract. The trial court granted defendant’s motion. Plaintiffs then voluntarily dismissed their breach of contract claim, and a final judgment was…