MILLER v. GEORGIA-PACIFIC CORP.

No. 39760; CA 16165.

618 P.2d 992 (1980)

48 Or.App. 1007

Tim MILLER and Myrl F. Miller, Appellants, v. GEORGIA-PACIFIC CORPORATION, a Georgia Corporation, Respondent.

Court of Appeals of Oregon.

Argued and Submitted August 20, 1980.


Attorney(s) appearing for the Case

J. Rion Bourgeois, Portland, argued the cause for appellants. With him on the briefs was Evans, Grebe, Gross, Jensen & Peek, P.C., Portland.

Donald A. Gallagher, Jr., Eugene, argued the cause for respondent. With him on the brief was Jaqua & Wheatley, P.C., Eugene.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


CAMPBELL, Judge.

This is a suit by the plaintiffs for a declaratory judgment as to the "meaning and effect" of a written instrument by which the plaintiffs had previously granted a road easement to the defendant. In the alternative the plaintiffs sought reformation of the instrument on the grounds of mistake.1 The trial court held that the defendant's interpretation of the written instrument was correct. It also held that the instrument...

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