Woerner v. Woerner

The object of this action, as disclosed by the complaint, is to correct a mutual mistake in an alleged written contract whereby Adolph Woerner agreed to convey a tract of land to Marie Woerner, and to enforce said contract, as reformed, against Gus Woerner, who, it is alleged, has succeeded to the title of Adolph Woerner, with knowledge of plaintiff’s rights. Adolph died after making the deed to Gus. The latter is also made a party as executor of the estate of Adolph, but his representative capacity is not a material fact in the case as finally settled by the findings.

The findings show that…