Weight v. Baumann

The administratrix of a decedent’s estate appeals a judgment for damages for breach of a contract entered into by her decedent, the original defendant in the action. The sole question is whether the right to maintain this action had been extinguished by the failure of the plaintiffs within one year of the death of the decedent to substitute the administratrix as a party defendant pursuant to ORS 13.080.

The statute reads:

ORS 13.080 “No action or suit shall abate by the death or disability of a party, or by the transfer of any interest therein, if the cause of action survives or continues. In…