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eBook details

• Title: Ayers v. Buswell
• Author : Supreme Court of Montana
• Release Date : January 12, 1925
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Reformation of Instruments ? Mutual Mistake ? Evidence ? Sufficiency ? Findings ? When Conclusive on Appeal. Reformation of Instruments ? Mistake ? What Does not Warrant Relief. 1. In an action by the vendor of farm lands against the purchaser to reform, on the ground of mistake, the contract of sale under which he was bound to convey title by warranty deed in fee simple, free from all liens and encumbrances, so as to except the coal and mining rights reserved by the federal government in the patent issued to him, the fact that defendant may have had actual as well as constructive notice of the existence of the reservations does not warrant reformation. Same ? When Court of Equity will Grant Relief. 2. Where the parties to a contract agree upon the terms and conditions thereof, and through mistake the writing fails to express the agreement as made, a court of equity will reform it to make it express the terms actually fixed by the parties. Same ? Burden of Proof ? Preponderance of Evidence may be Established by Testimony of One Witness. 3. The party seeking reformation of a contract on the ground of mistake has the burden of establishing his claim by a preponderance of the evidence, and such preponderance may be established by the plaintiffs own testimony as against that of a greater number of witnesses to the contrary. Same ? Mistake Involves Element of Negligence ? When Neglect not Sufficient to Deny Relief. 4. The mere fact that a party seeking a reformation of an instrument on the ground of mistake may himself have been negligent is not a ground for refusing relief; but if the negligence is excusable, as where plaintiff is an old man and not accustomed to transact business and defendant a much younger man of extensive business experience, relief will be granted when, in view of all the circumstances, to deny it would permit plaintiff to suffer a gross wrong at the hands of defendant. - Page 519 Findings ? When Conclusive on Appeal. 5. In an equity case the supreme court will not interfere with the trial courts findings unless the evidence in its entirety preponderates decidedly against them.

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