CABA v. BARKER

(CC 0107-07280; CA A118089; SC S51769).

145 P.3d 174 (2006)

341 Or. 534

Sandra CABA and Floy Jones, Respondents on Review, v. Anthony J. BARKER, Petitioner on Review.

Supreme Court of Oregon.

Reassigned September 20, 2006.

Decided October 19, 2006.


Attorney(s) appearing for the Case

Brian R. Talcott, Dunn Carney Allen Higgins & Tongue LLP, Portland, argued the cause for petitioner on review. With him on the briefs were Thomas H. Tongue and Madeleine S. Campbell.

Thomas W. Sondag, Lane Powell PC, Portland, argued the cause and filed the brief for respondents on review.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, BALMER, and KISTLER, Justices.


GILLETTE, J.

In this case, two residual legatees1 of a will brought an action against the lawyer who drafted it. Plaintiffs assert that, in addition to their status as residual legatees, they are the intended third-party beneficiaries of what they characterize as an "implied" promise that they allege that defendant made to testator in connection with that will. Plaintiffs further allege that defendant failed to carry out the terms of his...

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