Brown v. Briggs

It is a presumption that a written contract truly sets forth the intention and understanding of the parties thereto. Therefore, the burden of proving the original contract, and the existence of the alleged mutual mistake, is on the one who seeks to have the writing reformed: L. B. Menefee Lbr. Co. v. Gamble, 119 Or. 224 (242 P. 628). This court has over and over again announced the rule that a court of equity should never decree reformation of a written contract by omitting certain material words and inserting others in their stead, except upon proofs that are clear, full, cogent and…