This section contains the nature of the case and procedural background.

P was the high bidder at a foreclosure sale conducted by D, an attorney employed by a mortgagee of land to hold the sale. The sale was set aside twice because D did not follow the proper procedures. The debtor ultimately discharged the loan and redeemed the property. P sued D for malpractice claiming that because of D’s incompetence P lost the opportunity to purchase the property and then resell it at a profit. P alleged that D owed P a duty to conduct the sale with due diligence because P was essentially paying D’s attorney fees from the proceeds of the sale and that this payment created an attorney-client relationship. D demurred; he owed no duty of care to P. The trial court granted the demurrer. P appealed.

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