Thorton v. Krimbell
Oregon Supreme Court
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
- Lewis v. LewisOregon Supreme Court · 1874
- Hyland v. HylandOregon Supreme Court · 1890
- Evarts v. StegerOregon Supreme Court · 1874
- Stephens v. MurtonOregon Supreme Court · 1876
- Epstein v. State InsuranceOregon Supreme Court · 1891
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3Cited by21 opinions
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Gantenbein v. BowlesOregon Supreme Court · 1922
- Crumbley v. CrumbleyOregon Supreme Court · 1920
- Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
- McCoy v. Crossfield.Oregon Supreme Court · 1909
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