O'BRIEN v. MICHELS


222 Or. 399 (1960)

352 P.2d 735

O'BRIEN ET AL v. MICHELS ET UX

Supreme Court of Oregon.

Affirmed June 8, 1960.


Attorney(s) appearing for the Case

Charles H. Telfer argued the cause for appellants. On the briefs were Johnson, Telfer & Sloan, Grants Pass, Oregon.

Elbert L. Mikesell, Grants Pass, argued the cause and filed a brief for respondents.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and HOLMAN, Justices.


AFFIRMED.

HOLMAN, J. (Pro Tempore)

Defendants Michels purchased by deed from plaintiffs O'Brien and Lewis a parcel of land in Josephine county. Plaintiffs bring this suit to reform the deed, claiming that through mutual mistake more land was deeded to defendants than was contemplated by the parties; this defendants deny.

The evidence indicates the defendants-purchasers lived in the state of California. Mr. Michels came to Oregon to look at some land...

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