West v. Suda
Supreme Court of Connecticut
Suit for the reformation of a building contract, for an injunction and for damages, brought to the City Court of Hartford and tried to the court, McManus, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendant for alleged errors in the rulings of the court. The plaintiffs are builders, and contracted with defendant to do the carpenter and mason work on a house to be erected for the defendant on his land.
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Suit for the reformation of a building contract, for an injunction and for damages, brought to the City Court of Hartford and tried to the court, McManus, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendant for alleged errors in the rulings of the court. The plaintiffs are builders, and contracted with defendant to do the carpenter and mason work on a house to be erected for the defendant on his land. The complaint sets out in detail the contract; the facts showing a mutual mistake, in support of the claim to reform the contract; the facts showing a breach of…
1Opinion of the CourtHamersXiBY, J.
In respect to the items agreed to be omitted, the documents signed did not express the actual contract between the parties; this was- due to a mere clerical mistake of the scrivener. That such a mistake may be corrected by a court, of equity, cannot be questioned. Wood v. Haviland, 18 Conn. 101, 107. The failure of the plaintiff West, to again read the papers before execution, in order to verify the erasures made under his eyes and at his dictation, is not conclusive evidence that the mistake was due to his negligence. The rule of law that no one shall be allowed to escape his contract…
2Cases cited3 opinions
- Palmer v. Hartford Fire InsuranceSupreme Court of Connecticut · 1887
- Butler v. BarnesSupreme Court of Connecticut · 1891
- Wooden v. HavilandSupreme Court of Connecticut · 1846
3Cited by22 opinions
- Batter Building Materials Co. v. KirschnerSupreme Court of Connecticut · 1954
- Ursini v. GoldmanSupreme Court of Connecticut · 1934
- Petterson v. WeinstockSupreme Court of Connecticut · 1927
- Greenwich Contracting Co. v. Bonwit Construction Co.Supreme Court of Connecticut · 1968
- Randolph Construction Co. v. Kings East CorporationSupreme Court of Connecticut · 1973
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