Godat v. Waldrop

This is an action for fraud. Plaintiffs appeal from a judgment granting defendants’ motion for judgment on the pleadings. ORCP 21B. They contend that the trial court erred in concluding that their claim is barred by res judicata or by the doctrine of election of remedies. The issues are whether plaintiffs are barred from pursuing their fraud claim, which was bifurcated from their claim for specific performance in order to obtain calendar preference and whether the trial court erred in allowing defendants’ motion for reconsideration. We reverse and remand.

Plaintiffs’ complaint alleged that…