Herzberg v. Moore

Alleging mutual mistake and inadvertence, plaintiff instituted this action to reform a real estate contract. The cause was tried to the court. This appeal is prosecuted from the order denying plaintiff’s motion for a new trial, and from the judgment dismissing the action.

A pertinent provision of the real estate earnest money receipt executed April 29,1926, under which appellant agreed to convey to respondents, by contract for warranty deed, certain improved real estate, reads as follows:

“The property is to be conveyed by contract for warranty deed free from all liens and incumbrances,…