Showalter v. Westoak Realty & Investment, Inc.

REINHARD, Judge.

Plaintiffs appeal after the trial court sustained defendant’s motion to dismiss their second amended petition on the grounds that plaintiffs’ cause of action in fraud was barred by the statute of limitations. We reverse and remand.

Plaintiffs’ second amended petition alleged in one count at least two alternative claims: one for breach of contract and one for fraud in contract, both claims arising out of a settlement agreement, in lieu of foreclosure on real estate, entered into by the parties on September 23, 1980.

A short statement of the history of the case is necessary for…