Legal Opinion

Thorton v. Krimbell

Oregon Supreme Court

Decided December 30, 1895PublishedCited by 21 opinions

Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit to reform a contract and bond, and to recover damages for an alleged breach of the contract.

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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit to reform a contract and bond, and to recover damages for an alleged breach of the contract. The facts are, that on March twenty-fourth, eighteen hundred and ninety-three, the defendant Krimbel entered into an agreement with the plaintiff, by the terms of which he undertook to furnish the material and erect and finish a dwelling-house for her, in conformity with the plans and specifications thereof*,' and it was also provided that the contractor should protect the building from liens, and that a bond should be given for the…

1Per curiam

1. It is contended by the plaintiff that the court erred in several particulars, which errors are assigned as grounds for a modification of the decree, while the defendants contend that the complaint does not state facts sufficient to constitute a cause of suit, and that the evidence is not sufficient to warrant a reformation of the contract and bond. The rule is well settled that in order to justify the interposition of a court of equity to reform a written instrument for an alleged mistake of fact, it must be distinctly alleged and conclusively proved that the mistake was mutual to both…

2Cases cited10 opinions

  1. Lewis v. LewisOregon Supreme Court · 1874
  2. Hyland v. HylandOregon Supreme Court · 1890
  3. Evarts v. StegerOregon Supreme Court · 1874
  4. Stephens v. MurtonOregon Supreme Court · 1876
  5. Epstein v. State InsuranceOregon Supreme Court · 1891

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
  2. Gantenbein v. BowlesOregon Supreme Court · 1922
  3. Crumbley v. CrumbleyOregon Supreme Court · 1920
  4. Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
  5. McCoy v. Crossfield.Oregon Supreme Court · 1909

16 more not listed; retrieve them via the Exa API.

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