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CABA v. BARKER

0107-07280; A118089.

93 P.3d 74 (2004)

193 Or.App. 768

Sandra CABA and Floy Jones, Appellants, v. Anthony J. BARKER, Respondent.

Court of Appeals of Oregon.

Decided June 16, 2004.

Attorney(s) appearing for the Case

Thomas W. Sondag, Portland, argued the cause for appellants. With him on the briefs was Lane Powell Spears Lubersky LLP.

Brian R. Talcott, Portland, argued the cause for respondent. With him on the brief was Dunn Carney Allen Higgins & Tongue LLP.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

Plaintiffs, residual beneficiaries of a will prepared by defendant, appeal, assigning error to the trial court's dismissal of their claims for professional malpractice and breach of contract. We conclude, under Hale v. Groce, 304 Or. 281, 744 P.2d 1289 (1987), that plaintiffs, as donee beneficiaries of defendant's promised performance, have pleaded legally sufficient claims both for negligence and for breach...

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