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EDWARDS FARMS v. SMITH CANNING CO.

197 Or. 57 (1952)

251 P.2d 133

EDWARDS FARMS, INC. v. SMITH CANNING & FREEZING CO.

Supreme Court of Oregon.

Affirmed December 19, 1952.

Attorney(s) appearing for the Case

Carlton R. Reiter argued the cause for appellant. On the brief were Stern, Reiter & Day, of Portland, and C.C. Proebstel, of Pendleton.

John F. Kilkenny argued the cause for respondent. On the brief were Kilkenny & Fabre, of Pendleton, and Raley & Raley, of Pendleton.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, LATOURETTE and WARNER, Justices.

AFFIRMED.

LATOURETTE, J.

Plaintiff brought action against defendant for damages for alleged breach of a written lima bean contract. Defendant by equitable answer sought reformation of the contract on the ground of mutual mistake. The trial court reformed the instrument, whereupon plaintiff appeals.

The facts leading up to the signing of the contract are that the Edwards brothers, Harold and William, were interested...

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