W. P. Brown & Sons Lumber Co. v. Echols

Wyatt, Justice.

“A court of equity will reform a contract of sale when, from mutual mistake or mistake common to both parties, an instrument does not express the true agreement of the parties. Equity will also reform an instrument where there is ignorance or mistake on one side and fraud or inequitable conduct on the other.” Gibson v. Alford, 161 Ga. 672, 682 (132 S. E. 442). In the first instance, negligence of the complaining party in ascertaining the contents of the instrument sought to be reformed will not necessarily preclude reformation of the instrument, while in the last instance due…