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WHITNEY v. WEBER, INC.

247 Or. 622 (1967)

432 P.2d 316

WHITNEY ET UX, Respondents, v. WEBER, INC., Appellant.

Supreme Court of Oregon.

Reversed and remanded October 4, 1967.

Attorney(s) appearing for the Case

Henry L. Hess, Jr., Pendleton, argued the cause and filed briefs for appellant.

B.D. Isaminger, Pendleton, argued the cause for respondents. On the brief were Isaminger & Hanzen and William E. Hanzen, Pendleton.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, DENECKE, REDDING and FORT, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This is an action to recover the unpaid installments on a contract for the sale of certain property in answer to which defendant seeks reformation of the contract on the ground of mutual mistake. Defendant appeals from a judgment for plaintiff.

The contract, entitled "Conditional Sale Contract," is for the sale of a warehouse, two grain bins and other property formerly used by plaintiffs in connection with the operation...

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