Hughey v. Smith
Oregon Supreme Court
From Tillamook: William Galloway, Judge. Statement by Mr. Justice Moore. This is a suit by James Hughey and Wesley Rush, as administrator of the estate of Myra Hughey, deceased, against Hiram W. Smith to enjoin the prosecution of an action at law and to cancel a contract.
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From Tillamook: William Galloway, Judge. Statement by Mr. Justice Moore. This is a suit by James Hughey and Wesley Rush, as administrator of the estate of Myra Hughey, deceased, against Hiram W. Smith to enjoin the prosecution of an action at law and to cancel a contract. The facts are that on June 28, 1911, James Hughey and Myra Hughey, his wife, being the owners of a farm in Tillamook County, Oregon, executed a lease thereof to the defendant for the term of 12 years from April 1, 1912, with the privilege on the part of Smith of renewing the lease at its expiration for another like term. It…
1Opinion of the CourtJustice Moore
1. The right of a court of chancery to reform or annul a written contract, the execution of which was induced by the fraud of the defendant, or resulted from the mutual mistake of both parties, is a well-recognized principle of equitable jurisprudence. Such being the ease, the only question to be considered is whether or not the complaint herein states facts sufficient to constitute a cause of suit. The rule is settled in this state that, in a suit to reform a written instrument on the ground of misapprehension of the facts involved, the complaint must distinctly allege what the original…
2Cases cited18 opinions
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Lewis v. LewisOregon Supreme Court · 1874
- Hyland v. HylandOregon Supreme Court · 1890
- Evarts v. StegerOregon Supreme Court · 1874
- Meier v. KellyOregon Supreme Court · 1890
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3Cited by16 opinions
- Ramp v. OsborneOregon Supreme Court · 1925
- Churchill v. MeadeOregon Supreme Court · 1919
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
- Coates v. SmithOregon Supreme Court · 1916
11 more not listed; retrieve them via the Exa API.