Mathies v. Hoeck

This is an action to recover damages for fraud arising out of a remodeling of plaintiff’s house by the defendant contractor. A judgment for plaintiff was entered on a jury verdict, and defendant appeals. The primary thrust of the appeal is that the plaintiff’s cause of action for fraud is barred by ORS 12.110, which requires such an action to be brought within two years of the discovery of the fraud.

In early 1972 plaintiff and his architect met with the defendant to discuss the remodeling of the kitchen in plaintiff’s home. Defendant estimated the cost to be $4,000. Later, the plans were…