Yeargan v. Bank of Montgomery County

Marian F. Penix, Judge.

The Bank of Montgomery County sued John and Ovada Yeargan to reform a note and mortgage to recite the intention of the parties in the face amount of $52,316.92 with final payment due on November 6, 1983, in the amount of $22,566.92 rather than the $13,-535.81 as set out in said note and mortgage. The Yeargans allege the Bank made a sole and unique error in the calculation of the interest; that the error is not an error running to the Bank entitling the Bank to reformation.

In September, 1972 the Yeargans borrowed $27,000 to build a home. The agreed upon interest rate was…