Pfister v. Brown

McINTYRE, Chief Justice.

Action was brought in the district court of Campbell County for reformation of an instrument due to a scrivener’s error. Judgment was rendered for the defendant and plaintiffs have appealed.

Because the evidence was such that the trial judge, as trier, had sufficient reason to find plaintiffs had not clearly shown a mutual mistake through a scrivener’s error, we find it necessary to uphold the judgment of the district court. A brief review of the evidence and undisputed facts will demonstrate why we hold as we do.

In 1941 John E. Pfister and wife agreed to sell 12,227…