Ellison v. Watson

The trial court decreed reformation of two land sale contracts on the ground of mutual mistake, and the defendants Watson appeal. We review de novo, ORS 19.125(3), and affirm in part, reverse in part, and remand for entry of a new decree.

Plaintiffs Ellison owned an eighty acre tract of land in Josephine County. In 1963 the Ellisons sold one-half of the tract to the Ebbens, reserving a fifty foot strip along the south line of the tract to assure access to their retained forty acres from Pleasant Valley Road. The contract contained a legal description of the property being conveyed to the…