# Shoulderblade v. Osborn

> Court of Appeals of Oregon · October 27, 1982 · 60 Or. App. 12

URL: https://www.frixlaw.com/law-library/cases/9544862

## Case

- **Full name:** SHOULDERBLADE, Appellant, v. OSBORN Et Al, Respondents
- **Court:** Court of Appeals of Oregon
- **Decided:** October 27, 1982
- **Citations:** 60 Or. App. 12; 652 P.2d 836; 1982 Ore. App. LEXIS 3538
- **Precedential status:** Published
- **Opinion:** Dissent by Joseph
- **Judges:** Joseph, Thornton, Van Hoomissen
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9544862

## Opinion text

JOSEPH, C. J.,
dissenting.
The trial judge found Osborn more credible “on the whole.” I would need to be more convinced of the weight of the evidence and the credibility of Osborn before I could conclude that Foster intended to grant him an easement through her house — and one 60 feet wide at that. Osborn’s failure to talk to her about the supposed mistake, his quick profit 1 and his failure to produce the critical witness from the title company hardly support his creditworthiness. Without the credibility factor, his reformation claim fails. See Steiner v. SAIF, 34 Or App 317 , 578 P2d 497 (1978). I therefore dissent.
He paid Mrs. Foster $26,000 for a deed without the easement. About a year later he sold to the Walshes by a deed with the easement for $86,000.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9544862. Public record. Not legal advice.