Payne v. Payne

On Appellant’s Petition for Rehearing

The petitioner argues that the effect of our original opinion (215 Or 412, 332 P2d 1075) is to hold that a property settlement agreement made in contemplation of a divorce is never subject to challenge or rescission if its execution was induced by fraud, duress, mistake, or undue influence. We of course recognize the rule that the remedy of rescission is open to a party who has been induced to enter into a settlement agreement by inequitable conduct of the other party. *416Beaman v. DeShazor, Jr., 197 Or 669, 675, 255 P2d 157; Taylor v. Taylor, 154 Or 442,…