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LINDEMEIER v. WALKER

538 P.2d 1266 (1975)

Gary LINDEMEIER and Edward D. Stuckrath, As Executors of the Will of Theodore Lindemeier, Deceased, Appellants, v. Ward E. WALKER, d/b/a J.J. Walker Real Estate, Respondent.

Supreme Court of Oregon, In Banc.

Decided August 7, 1975.

Attorney(s) appearing for the Case

Fred A. Granata, Portland, argued the cause and filed briefs for appellants.

Robert H. Bay, Day & Prohaska, P.C., Portland, argued the cause and filed a brief for respondent.

HOWELL, Justice.

Plaintiffs filed this action at law against a real estate broker to recover damages for the broker's alleged failure to sell property at its market value. The defendant filed a demurrer to plaintiffs' amended complaint on the grounds that plaintiffs' action was barred by the two-year statute of limitations for torts, ORS 12.110. The trial court sustained the demurrer and judgment was entered in favor of defendant. Plaintiffs appeal, contending that...

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