SCOVILLE v. HAMPTON


217 Or. 256 (1959)

335 P.2d 399

340 P.2d 952

SCOVILLE ET UX v. HAMPTON ET AL SCOVILLE ET UX v. HAMPTON ET AL, D/B/A CHARLES JOHN LUMBER COMPANY

Supreme Court of Oregon.

On rehearing May 20, 1959.

Former opinion withdrawn, reversed and remanded with directions June 17, 1959.

Petition for rehearing denied July 16, 1959.


Attorney(s) appearing for the Case

Malcolm F. Marsh argued the cause for appellants. On the briefs were Marsh, Marsh & Dashney, Salem.

Carlton R. Reiter argued the cause for respondents. On the brief were Stern, Reiter, Day & Anderson, Portland.

Francis E. Marsh, McMinnville, argued the cause for appellants. With him on the brief were Marsh, Marsh & Dashney, Salem, and Malcolm F. Marsh, Salem.

Carlton R. Reiter, Portland, argued the cause for respondents.

Before McALLISTER, Chief Justice, and LUSK, WARNER, PERRY, SLOAN, O'CONNELL and CRAWFORD, Justices.


AFFIRMED.

SLOAN, J.

Two cases are here consolidated on appeal as they were for trial. Defendants appeal from the decree of the trial court which dismissed defendants' cross complaint entered in each case and which denied the prayer therein for reformation of a contract between the parties for the sale and purchase of timber on lands owned by plaintiffs. For our purposes we will treat the cases as one.

For reasons later appearing we make only limited...

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