Moffatt v. Harden

Defendant appeals from a judgment awarding plaintiff damages for conversion. The issue is whether the trial court erred in denying defendant’s motion to dismiss plaintiffs complaint on the ground that it fails to state ultimate facts constituting a claim. ORCP 21G(3). We conclude that it did, and therefore reverse.

Plaintiff alleged in his complaint that he and defendant entered into a partnership agreement to operate a kennel. The agreement provided that he would provide his skill and expertise, that she would provide the kennel and dogs and that they would share the profits. Plaintiff…