Easley v. Mortensen

This is a suit for breach of contract. At the conclusion of plaintiffs’ opening statement to the jury the court granted defendants’ motion to dismiss on the ground that plaintiffs’ declaration and opening statement failed to state a cause of action. Plaintiffs did not seek to amend or add to either when or after the motion was made. They appeal.

In their brief plaintiffs say:

“Plaintiffs’ central contention is that they listed their mortgaged hotel for sale with defendant realtors, and that defendants promised, over and above the listing agreement, to prevent in any event mortgage foreclosure…