Lesher v. Strid

Defendant appeals from a judgment of the trial court granting plaintiffs request for rescission of a contract for the sale of real property. As relevant to this appeal, plaintiffs Vernon and Janene Lesher, purchasers of an 18-acre parcel of property in Josephine County (the subject property), sought rescission of the contract under theories of a mutual mistake of fact or an innocent misrepresentation of fact regarding the existence of water rights appurtenant to the property. The trial court granted rescission on those grounds. On de novo review, ORS 19.415(3); Shop. Centers v. Stand. Growth…