Foster v. Schmeer
Oregon Supreme Court
Appeal from Multnomah County. Facts are stated in the opinion. Proof in order to reform a contract must be free from all doubt. (3 Greenleaf on Evidence, § 360; 2 Pomeroy’s Equity, § 859; 1 Story on Equity Jurisprudence, § 157; Shiveley v. Welch, 2 Or. 288; Newsome v. Greenwood, 4 Or. 123; JRemillard v. Prescott, 8 Or. 43; Stephens v. Murtón, 6 Or. 196.) These last two eases as to the necessity of. a mutuality of mistake.
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Appeal from Multnomah County. Facts are stated in the opinion. Proof in order to reform a contract must be free from all doubt. (3 Greenleaf on Evidence, § 360; 2 Pomeroy’s Equity, § 859; 1 Story on Equity Jurisprudence, § 157; Shiveley v. Welch, 2 Or. 288; Newsome v. Greenwood, 4 Or. 123; JRemillard v. Prescott, 8 Or. 43; Stephens v. Murtón, 6 Or. 196.) These last two eases as to the necessity of. a mutuality of mistake. (Smith v. Butler, 11 Or. 46.) When the deed sought to be reformed shows imperfections, this fact shows that the contract does not express the intention of the parties.…
1Opinion of the CourtThayer, J.
This appeal comes here from a decree of the Circuit Court for the county of Multnomah. The appellant commenced a suit in that court against the respondent for an accounting, after a dissolution of copartnership theretofore existing between said parties.
The contract of copartnership is alleged in the complaint to have been under and in pursuance of certain written articles signed by them, and of which the following is a copy:—
“This agreement made this first day of March, 1886, between John Foster and P. Schmeer, both of Multnomah County, Oregon, witnesseth, that the said Foster and Schmeer…
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