Kleinsorge v. Rohse
Oregon Supreme Court
Appeal from Multnomah: M. G. Munly, Judge. This is a suit to reform and enforce a written lease of real property. The facts show that the plaintiff, Fred Kleinsorge, on February fifth, eighteen hundred and ninty-two, was the owner and in the possession of a tract of land in South Portland, Oregon, containing four and three hundredths acres, in or near the center of which was his dwelling-house with a path from it to the Macadam Road on the east, and a pipe laid from a spring…
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Appeal from Multnomah: M. G. Munly, Judge. This is a suit to reform and enforce a written lease of real property. The facts show that the plaintiff, Fred Kleinsorge, on February fifth, eighteen hundred and ninty-two, was the owner and in the possession of a tract of land in South Portland, Oregon, containing four and three hundredths acres, in or near the center of which was his dwelling-house with a path from it to the Macadam Road on the east, and a pipe laid from a spring near the west end of said tract to the house, supplying water for irrigating a garden and for domestic purposes. The…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
Does the foregoing lease express the intention of the parties to the contract, is the question presented by this appeal. To entitle a party to have a written contract reformed by a court of equity, the complaint must show that some relation of trust or confidence existed between the parties to it, or that there was fraud or misrepresentation, or that the means of knowledge as to the terms and conditions were not equally open and accessible to both parties: Archer v. California Lumber Co. 24 Or. 341, 33 Pac. 526. The complaint herein is founded upon the alleged…
2Cases cited2 opinions
- Hawkins v. HawkinsCalifornia Supreme Court · 1875
- Archer v. California Lumber Co.Oregon Supreme Court · 1893
3Cited by16 opinions
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Mitchell v. HolmanOregon Supreme Court · 1897
- Thorton v. KrimbellOregon Supreme Court · 1895
- Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
- L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
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