HOUSTON ET AL v. POMEROY


227 Or. 499 (1961)

362 P.2d 709

HOUSTON ET AL v. POMEROY

Supreme Court of Oregon.

Remanded with directions to dismiss amended complaint June 14, 1961.

Petition for rehearing denied July 11, 1961.


Attorney(s) appearing for the Case

Donald H. Joyce, Portland, argued the cause and filed briefs for appellant.

James F. Bodie, Prineville, argued the cause and filed a brief for respondents. With him on the brief was James B. Minturn, Prineville.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.


REMANDED WITH DIRECTIONS TO DISMISS AMENDED COMPLAINT.

SLOAN, J.

In this case the trial court entered a decree that reformed a written undertaking entered into by the parties herein and compelled defendant to perform the agreement as reformed. Defendant appeals. We have decided that the trial court was without jurisdiction to hear the case. A resume of the facts will reveal the reason for our decision.

The factual background was peculiar. Prior to...

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