State Highway Department v. Fidelity & Deposit Co. of Maryland

1. “An honest mistake of the law as to the effect of an instrument on the part of both contracting parties, when such mistake operates as a gross injustice to one, and gives an unconscientious advantage to the other, may be relieved in equity.” Civil Code (1910), § 4576, and see §§ 4567, 4573; Lucas v. Lucas, 30 Ga. 191 (76 Am. D. 642) ; Mason v. Cobb, 148 Ga. 469 (96 S. E. 1042), and cit.; Green v. Johnson, 153 Ga. 738 (4), 749 (113 S. E. 402). Compare Skelton v. Federal Surety Co., 15 F. (2d) 756, which deals Avith the similar question of reformation of a surety bond.

2. One gr’ound of the…