Caplener v. United States National Bank

This is an action by a partnership (Caplener Brothers), two of three individual partners, and the trustee of the bankruptcy estate of Michael Caplener, the third partner, against the United States National Bank (Bank) for damages allegedly caused by Bank’s breach of an oral agreement to lend money to the partnership. The trial court dismissed some of plaintiffs’ claims on the pleadings, entered summary judgment for Bank on others, and entered a judgment pursuant to ORCP 67B.

The Court of Appeals held: (1) that the trial court erred in denying Bank’s motion to dismiss plaintiffs’ claims of…