Legal Opinion
Hartford Accident & Indemnity Company v. WALKA MOUNTAIN CAMP NO. 565, WOODMEN OF THE WORLD, INC.
Supreme Court of Georgia
Decided April 4, 1968No. 24507PublishedCited by 9 opinions
1Opinion of the Court
Frankum, Justice.
“Mistake relievable in equity is some unintentional act, or omission, or error, arising from ignorance, surprise, imposition, or misplaced confidence. This power shall be exercised with caution, and to justify it, the evidence shall be clear, unequivocal, and decisive as to the mistake.” Code § 37-202. “Equity will not reform a written contract, unless the mistake is shown to be the mistake of both parties. . Code § 37-207. “ ‘Mutual mistake, in relation to reformation, means a mistake shared by, or participated in by, both parties, or a mistake common to both parties, or…
2Cases cited2 opinions
- Lawton v. ByckSupreme Court of Georgia · 1962
- Crim v. AlstonSupreme Court of Georgia · 1930
3Cited by9 opinions
- Jones v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1980
- Georgia Farm Bureau Mutual Insurance v. WallSupreme Court of Georgia · 1978
- Yeazel v. Burger King Corp.Court of Appeals of Georgia · 1999
- Birmingham Fire Insurance Co. of Pennsylvania v. Commercial Transportation, Inc.Supreme Court of Georgia · 1968
- Brunson v. BridgesCourt of Appeals of Georgia · 1973
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