Jarrett v. United States National Bank

This is the second appeal in this case. In the first, Jarrett v. U. S. National Bank, 81 Or App 242, 725 P2d 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 further evidence, and Bank appeals. We reverse and remand.

We summarize the facts as we described them in our former opinion. Paul Schatz, Sr., was the settlor of an inter vivos trust. Under the terms of the trust, the…