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DAVIS v. BOLY

C061020CV, C053914CV; A135508 (Control), A140872.

244 P.3d 831 (2010)

239 Or. App. 420

C. Thomas DAVIS, Personal Representative of the Estate of Alice L. Hulse, Deceased, Plaintiff-Respondent, v. Jeffrey E. BOLY, Defendant-Appellant. Jeffrey E. Boly, Plaintiff-Appellant, v. C. Thomas Davis, individually and as Personal Representative of the Estate of Alice L. Hulse, Deceased, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Frederick T. Smith , Portland, argued the cause for appellant. With him on the briefs was Jaculin L. Smith.

Daniel S. Hasson , Portland, argued the cause for respondent. With him on the brief were Elizabeth E. Lampson , Alan Gladstone , and Davis Rothwell Earle & Xochihua P.C.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

WOLLHEIM, J.

In these consolidated cases, the appellant, Boly, contends that the trial court erred in ruling in favor of the respondent, Davis, in two related actions involving a small farm owned by Hulse, Boly's aunt. Davis was Hulse's attorney and, after her death in 2004, the personal representative of her estate. In his capacity as personal representative, Davis agreed to sell the farmland to a third-party developer. In the meantime, however, Boly had been negotiating...

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