Perkins v. Conradi

Plaintiff moves for reconsideration of our opinion, 151 Or App 585, 950 P2d 380 (1997), in which we held that plaintiff s declaratory judgment action was barred by the doctrine of claim preclusion because he had had the opportunity to assert his claims at the time of an earlier forcible entry and detainer (FED) action. We allow the motion to reconsider and adhere to our opinion as modified.

Initially, plaintiff correctly points out that our former opinion contains a factual error. On page 590, we said that plaintiff was “able to demonstrate that Perkins made an oral gift of the 40-acre parcel…