Shoulderblade v. Osborn

The trial judge found Osborn more credible “on the whole.” I would need to be more convinced of the weight of the evidence and the credibility of Osborn before I could conclude that Foster intended to grant him an easement through her house — and one 60 feet wide at that. Osborn’s failure to talk to her about the supposed mistake, his quick profit1 and his failure to produce the critical witness from the title company hardly support his creditworthiness. Without the credibility factor, his reformation claim fails. See Steiner v. SAIF, 34 Or App 317, 578 P2d 497 (1978). I therefore dissent.

He…