Wallace v. Spray

Plaintiff asks that a certain instrument termed an “agreement”, Exhibit A in the record, be reformed to' speak the real agreement between the parties; and in the alternative, for a partial rescission thereof. Defendant denies that the “agreement” fails to state the true agreement; pleads that plaintiff is estopped to have relief; and, by way of affirmative relief, asks that the court decree the “agreement” to be the true contract and establish it as such. The trial court held plaintiff had failed to establish his claim by clear, satisfactory and convincing proof, and also that he was estopped…