Dauven v. St. Vincent Hospital & Medical Center

In this breach of contract case, plaintiffs appeal from a judgment dismissing their complaint on the grounds that they are not the real parties in interest. The issue here is whether plaintiffs, who allege that defendants breached an oral agreement by charging plaintiffs for medical services rendered to their daughter without first obtaining Barbara Dauven’s consent, are precluded from maintaining this action because they are merely acting as agents on the contract for their daughter, a disclosed principal. ORCP 21 A(6). We reverse and remand.

This case is before us for the second time. The…