Vale Dean Canyon Homeowners Ass'n v. Dean

Defendant appeals from a summary judgment for plaintiffs Spencer, 1 contending that there are material issues of fact as to whether plaintiffs were third-party beneficiaries under a contract between Klamath County and him and whether he breached that contract. 2 We affirm.

Defendant developed Vale Dean Canyon subdivision, where plaintiffs purchased a lot. In 1981, in order to obtain approval of the subdivision plat, defendant signed an agreement with Klamath County that provided, in pertinent part:

“This document is to provide an AGREEMENT AND ASSURANCE OF PERFORMANCE for the construction of…