La Rosa v. Hess
Wisconsin Supreme Court
1Opinion of the CourtFairchild, J.
Reformation of an instrument cannot be made if the only grounds shown are that one party misunderstood the legal effect of the writing or because each of the parties gave his peculiar interpretation to it. But the reformation of a contract may be accomplished by a suit in équity where the evidence convinces the court that the true intent of the parties differed from the contract as reduced to writing, and that by some mistake or fraud the real intent was riot truly represented in the writing. In Kadow v. Aluminum Specialty Co. 253 Wis. 76, 78, 33 N. W. (2d) 236, it was said:
“It is argued that…
2Cases cited7 opinions
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Kuester v. RowlandsWisconsin Supreme Court · 1947
- Sable v. MaloheyWisconsin Supreme Court · 1880
- Kadow v. Aluminum Specialty Co.Wisconsin Supreme Court · 1948
- Shearer v. PringleWisconsin Supreme Court · 1930
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Holton State Bank v. Greater Milwaukee Food Merchants Ass'nWisconsin Supreme Court · 1960
- Breeden v. BreedenWisconsin Supreme Court · 1959
- Newmister v. CarmichaelWisconsin Supreme Court · 1966
- Kovacs v. HoagWisconsin Supreme Court · 1953