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MURRAY v. LAUGSAND

98-CV-00132; A107950

39 P.3d 241 (2002)

179 Or. App. 291

Allan D. MURRAY and Florence K. Murray, husband and wife, and Murray Development Partners, a Limited Partnership, Respondents-Cross-Appellants, v. Lavern T. LAUGSAND and Norma Fran Laugsand, husband and wife, and Trustees of the Laugsand Family Trust, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided January 30, 2002.

Attorney(s) appearing for the Case

David V. Gilstrap, Ashland, argued the cause for appellant-cross-respondent LaVern T. Laugsand. With him on the briefs was Davis, Gilstrap, Hearn, Saladoff & Smith, P.C.

Michael J. Bird, Grants Pass, argued the cause for appellant-cross-respondent Norma Fran Laugsand. With him on the opening brief were Frank C. Rote and Brown, Hughes, Bird & Rote. On the reply brief were Frank C. Rote and Brown, Hughes, Bird, Rote & Wetmore.

David Gilstrap, Ashland, and Davis, Gilstrap, Harn, Saladoff & Smith and Frank C. Rote and Brown, Hughes, Bird, Rote & Wetmore filed a joint supplemental brief for appellants-cross-respondents.

Walter L. Cauble argued the cause for respondents-cross-appellants. With him on the brief was Schultz, Salisbury, Cauble & Dole, Grants Pass.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

BREWER, J.

Defendants appeal from a judgment granting plaintiffs' claim for reformation of a deed. Most prominently, defendants assign error to the trial court's conclusion that plaintiffs' negligence in failing to detect an unacceptable provision in the deed before closing the parties' transaction was insufficient to preclude reformation based on plaintiffs' unilateral mistake. Defendants also assign error to the trial court's award of attorney fees to plaintiffs...

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