147 P. 553 | Or. | 1915
delivered the opinion of the court
This is a suit to reform a deed. The defendant Kliewer’s testimony is disputed by many other witnesses, and it is difficult to arrive at the facts. He bought the property from plaintiffs for the sum of $4,100, and at the time 'of the agreement the contract
“Where, however, the instrument does not express the true intent of the parties, owing to mistake on one side, coupled with fraud or inequitable conduct on the other, relief will be freely given. The ground of the jurisdiction in this ease is the fraud of the defendant, rather thati the mere mistake of the plaintiff”: 6 Pomeroy, Equity Jurisprudence, § 676.
“When one party to a contract intrusts to and depends upon the other party to have the contract, as made by them, reduced to writing, the party intrusted with such duty must act with the utmost good faith”: Archer v. California Lumber Co. 24 Or. 341 (33 Pac. 526).
The decree is affirmed. Affirmed.