Tran v. Tehrani

Plaintiffs petition for review of our decision. 99 Or App 141, 781 P2d 393 (1989). We treat the petition as one for reconsideration, ORAP 9.15, allow it, modify the opinion and adhere to it as modified.

In our opinion, we stated:

“The dispute arose under the modified contract that included the new plans and specifications. Accordingly, we review the evidence of defendant’s intent at the time of modification.” 99 Or App at 145.

Plaintiffs assert that whether defendant’s intent was fraudulent must be determined as of the time that he signed the original contract. Accepting plaintiffs’ assertion,…