Foster v. Gibbons

In this action arising out of a boundary dispute, plaintiff appeals from a judgment rejecting her breach of contract claims and reforming the parties’ land sale contract in favor of defendant. Plaintiff assigns error, inter alia, to the trial court’s reformation of the parties’ land sale contract, arguing that defendant failed to prove by clear and convincing evidence that she was entitled to reformation. On de novo review, Jensen v. Miller, 280 Or 225, 227, 570 P2d 375 (1977), we conclude that defendant, by virtue of her gross negligence, is not entitled to reformation. Accordingly, we…