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JARRETT v. U.S. NATIONAL BANK

A8205-02951; CA A46184.

768 P.2d 936 (1989)

95 Or.App. 334

Charlotte N. JARRETT and Phyllis M. O'Byrne, Respondents, v. United States NATIONAL BANK of Oregon, a National Banking Association, Appellant, Paul Schatz Furniture Co., a Corporation, Defendant, Paul P. Schatz, Jr., Individually and As Representative of the Estate of Eva Mae Schatz, Deceased, Respondent.

Court of Appeals of Oregon.

Decided February 22, 1989.

Attorney(s) appearing for the Case

Bruce A. Rubin, Portland, argued the cause for appellant. With him on the briefs was Miller, Nash, Wiener, Hager & Carlsen, Portland.

Barrie J. Herbold, Portland, argued the cause for respondents Charlotte N. Jarrett and Phyllis O'Byrne. With her on the brief was Markowitz, Herbold, Stafford & Glade, P.C., Portland.

James C. Maletis, Portland, argued the cause and filed the brief for respondent Paul P. Schatz, Jr.

Before WARDEN, P.J. Pro Tem., and ROSSMAN and RIGGS, JJ.

RIGGS, Judge.

This is the second appeal in this case. In the first, Jarrett v. U.S. National Bank, 81 Or.App. 242, 725 P.2d 384 (1986), we held that U.S. National Bank (Bank) had breached its duty as trustee in permitting a lessee to renew its lease of trust property at below market rent and remanded for a determination of damages. On remand, the trial court determined damages without taking...

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