Burrell v. Brugger

This action involves dispute over two separate parcels of property. In the first dispute the trial court properly held that there was a mutual mistake between the vendors and vendees in which the description set forth in the deed failed to describe the entire parcel of land which vendors had agreed to sell and the vendees had agreed to purchase.

“Reformation [is] proper so as to carry out the express actual intent of the parties where the evidence is clear that both parties had reached an agreement and, as a result of a mutual mistake, * * * the instrument did not express the true intent of…