MITCHELL v. CHERNECKI

TC 77-0548; SC 25587.

593 P.2d 1163 (1979)

286 Or. 285

Gerald E. MITCHELL, Appellant, v. Stanley M. CHERNECKI and Eddy O. Chernecki, d/b/a S & E Investment Co., Respondents, William F. Gooch, Defendant.

Supreme Court of Oregon, Department No. 1.

Decided May 1, 1979.


Attorney(s) appearing for the Case

David B. Williams, of Robinnette & Cleveland, Eugene, argued the cause and filed briefs, for appellant.

Robert A. Smejkal, Eugene, argued the cause for respondents. On brief, was Larry J. Anderson, Eugene.

Before DENECKE, C.J., and HOWELL, LENT and LINDE, JJ.


LENT, Justice.

In this suit plaintiff seeks to reform a land sale contract and appeals from a decree in favor of defendants. The trial court found there was no antecedent agreement to which the written contract could be reformed. We affirm the result.

The essential facts are not in dispute. Where there may be dispute, we find the facts by trying the case "anew upon the record." ORS 19.125(3).

On August 1, 1974, defendants purchased property within...

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