Cimarron West Properties, Inc. v. Lincoln Loan Co.

Plaintiff appeals a judgment dismissing its complaint for failure to state a claim, ORCP 21A(8), and awarding defendant attorney fees and costs. We affirm.

We accept the facts alleged in the complaint as true for the purpose of this review. Emmert v. O’Brien, 72 Or App 752, 754, 697 P2d 222 (1985). Both plaintiff and defendant are Oregon corporations. In August, 1990, defendant sold plaintiff real property in Portland for $24,950. The parties used a pre-printed form entitled “Contract — Real Estate,’ ’ on which they filled in a line providing for a down payment of $4,000 and added the…