Holton State Bank v. Greater Milwaukee Food Merchants Ass'n

The appellant contends the lien waivers should be reformed because of a mutual mistake of fact. This requires us to review the evidence. On November 15, 1956, Holton State Bank loaned Food Merchants the sum of $14,000 and took its promissory note secured by a first mortgage on a store building in Milwaukee. At this time Food Merchants and Mark were negotiating for the remodeling of the building and on November 16th, the day *97following the loan, they entered into a written contract whereby Mark undertook to remodel the front of the building. The work was commenced by Mark on January 2, 1957,…