Akers v. Sinclair

Hamley, J'.

These three actions, consolidated for trial and appeal, began as suits in equity to reform three certain promissory notes on the ground of mutual mistake.

Each plaintiff sought an adjudication that the note in question constituted an obligation of Dr. Wells Yakima Bottling Company, a corporation, and not of the plaintiff as an individual. In each case the defendant payee denied that there had been a mutual mistake, and cross-complained for judgment on the note. The corporation and its receiver were made parties to the action, but did not enter appearances and are not involved in…