BLUNDELL v. HOLM

A8207-04201; CA A30172.

692 P.2d 145 (1984)

71 Or.App. 256

Gale T. BLUNDELL and Beulah L. Blundell, Respondents, v. Roger V. HOLM; Mortgage Connections, Inc., an Oregon Corporation, Defendants, and Lowell D. Njust, Appellant.

Court of Appeals of Oregon.

Decided December 5, 1984.

Reconsideration Denied January 25, 1985.


Attorney(s) appearing for the Case

Paul D. Schultz, Oregon City, argued the cause for appellant. With him on the brief was Hibbard, Caldwell, Bowerman, Schultz & Hergert, Oregon City.

William David Bailey, Portland, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

The issue is whether plaintiffs are entitled to a judgment against defendant Njust as third party beneficiaries of an agreement between defendants Holm and Njust, both attorneys. After a trial to the court, the trial court found that plaintiffs were third party beneficiaries and entered judgment in their favor against Njust. We reverse, because plaintiffs were mere incidental beneficiaries of the agreement and, as such, had no right of...

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