Legal Opinion

Collins v. Heckart

Oregon Supreme Court

Decided October 3, 1928PublishedCited by 6 opinions

1Opinion of the CourtBrown, J.

This appeal involves two serious questions. The first relates to the reformation of the contract, and the second to the substantial performance of the contract as reformed.

The complaint to reform is based upon the non-negligent, mutual mistake of the two original parties to the contract sought to be reformed; and the testimony of both parties substantiates the allegations of the complaint with relation to their intention and the commission of the error. Viewed in the light of the surrounding circumstances, their story is reasonable. Wright, the owner of the real property hereinbefore…

2Cases cited10 opinions

  1. Schmidt v. MesmerCalifornia Supreme Court · 1897
  2. Osborn v. LogusOregon Supreme Court · 1894
  3. Allen v. ElwertOregon Supreme Court · 1896
  4. Gregoire v. RourkeOregon Supreme Court · 1895
  5. Brown v. HarperOregon Supreme Court · 1870

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3Cited by6 opinions

  1. Home Owners' Loan Corp. v. Bank of ArizonaArizona Supreme Court · 1939
  2. Drake Lumber Co. v. LindquistOregon Supreme Court · 1946
  3. Ellison v. WatsonCourt of Appeals of Oregon · 1981
  4. Hibernia Securities Co. v. United Manufacturing Co.Oregon Supreme Court · 1936
  5. Lehrman v. LEHRMANOregon Supreme Court · 1954

1 more not listed; retrieve them via the Exa API.

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