Trimboli v. Kinkel

An executor lacking authority to exchange (rather than sell) property nonetheless traded a decedent's interest for another property, creating an undisclosed break in the chain of title that attorney defendant failed to discover or report when conducting a title search and assuring the plaintiffs the title was marketable; when the plaintiffs later tried to sell the property, their buyers discovered the flaw and refused to close, and the plaintiffs sued the attorney for negligence, with the trial court dismissing and the appellate court reversing.