Carey-Reed Company v. City of Marion

Opinion op the Court by

Judge Rees

Affirming.

By this action appellant, who was the plaintiff below, seeks to reform a written contract on the ground of mutual mistake. There is no charge of fraud. On June 27, 1928, the board of council of the city of Marion passed an ordinance providing for the construction of a sanitary sewerage system, and on July 21, 1928, the plaintiff and defendant entered into a written contract for the construction of the sewerage system; plaintiff’s bid having been accepted by the city as the lowest and best bid for the work. The section of the contract in controversy…