Kish v. Kustura

Plaintiff appeals from a judgment that reformed a contract for the sale of an apartment complex and awarded relief to defendant on the reformed contract. Plaintiff assigns error to the trial court’s reformation of the contract and its award of damages, attorney fees, and costs, arguing that defendant did not prove her reformation claim by clear and convincing evidence. We conclude that defendant did prove her claim and therefore affirm the trial court judgment.

We review a grant of reformation de novo. Krueger v. Ropp, 282 Or 473, 478-79, 579 P2d 847 (1978). Although we are not bound by the…