Koennecke v. Waxwing Cedar Products, Ltd.

Plaintiff-lessor brought this action to recover damages for the destruction of real property improvements and equipment resulting from a fire caused by the alleged negligence of defendant-lessee, Wax wing Cedar Products, Ltd., and "William J. Browne and Boy Yunker, whom plaintiff contends were “part of a joint venture” with Waxwing. Defendant Waxwing filed an affirmative defense praying for reformation of its lease with plaintiff covering the real property and equipment. OBS 16.460(2).

The case went to trial on the equity side of the court on the issue of reformation. The trial court found…