KISH v. KUSTURA

99-2205; A113094.

79 P.3d 337 (2003)

190 Or. App. 458

Katalin KISH, nka Katalin Nyitrai, Appellant, v. Marie KUSTURA, personal representative of the Estate of Laszlo Szender, Respondent.

Court of Appeals of Oregon.

Decided November 13, 2003.


Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant. With him on the briefs were Leah B. Cronn and Markowitz, Herbold, Glade & Mehlhaf, P.C.

W. Louis Larson, Astoria, argued the cause for respondent. With him on the brief were Larson & Fischer, H. Patrick Lavis, and Lavis & DiBartolomeo, P.C.

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


ARMSTRONG, J.

Plaintiff appeals from a judgment that reformed a contract for the sale of an apartment complex and awarded relief to defendant on the reformed contract. Plaintiff assigns error to the trial court's reformation of the contract and its award of damages, attorney fees, and costs, arguing that defendant did not prove her reformation claim by clear and convincing evidence. We conclude that defendant did prove her claim and therefore affirm the trial court...

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