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SHOPPING CTRS. OF A., INC. v. STANDARD GROWTH PR.

509 P.2d 1189 (1973)

SHOPPING CENTERS OF AMERICA, Inc., a Corporation, Respondent and Cross-Appellant, v. STANDARD GROWTH PROPERTIES, Inc., a Corporation, Appellant and Cross-Respondent.

Supreme Court of Oregon, In Banc.

Decided May 17, 1973.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellant and cross-respondent. With him on the briefs were Cake, Jaureguy, Hardy, Buttler, McEwen & Weiss, Portland.

Francis E. Marsh and David C. Haugeberg, McMinnville, argued the cause for respondent and cross-appellant. With them on the briefs were Marsh, Marsh, Dashney & Cushing, McMinnville; David C. Haugeberg, McMinnville, argued the cause for respondent and cross-appellant on rehearing.

DENECKE, Justice.

We granted a rehearing to reconsider plaintiff's right to rescission of a land sale contract. We affirmed the decree of rescission in our former opinion on the ground that there had been a mutual mistake. The defendant contends that mutual mistake was not an issue in the case and that if it had been it could have introduced additional evidence that no mutual mistake had occurred. Plaintiff answers that mutual mistake was an issue and was proved....

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