Marvin

An action for breach of contract and fraud arising from an agreement to exchange real property was brought by Charles P. Marvin, M. D. (Marvin), trustee for the Charles P. Marvin, M. D., and Lucia B. Marvin Trust, against Victoria and Keith Adams (Victoria and Keith, or collectively Adams). At the conclusion of Marvin’s case, the trial court granted Adams’s motion for nonsuit. Marvin timely appealed.

We conclude the trial court properly granted the nonsuit. Accordingly, we affirm the judgment, grant Adams’s request for attorney’s fees under the contract, and remand the case to the trial court to determine the amount of such fees.

Background

1. Marvin’s Evidence

In 1979 Adams decided to sell Victoria’s orchard and timber ranch in Hood River County, Oregon (the property). Adams hired David Lau to appraise the property and authorized Lau to hire Will Ellington to estimate the quantity of marketable timber on the property.

In June 1980 Lau sent Adams an appraisal report which recited that the property contained: (1) a total acreage of 290.5 acres (rounded), based on the county assessor’s figure of 290.58 acres; (2) 61 acres of orchards, and (3) a total of 1,141,200 board…