Brooks, Inc. v. Brooks

The majority opinion correctly states the law that a written instrument, here a deed, "speaks the final and entire agreement or contract of the parties" and a "party seeking reformation of a written instrument must prove his case by clear, unequivocal and convincing evidence."

Under our settled and familiar law when the evidence supports the findings, as it does here, and the findings support the conclusions of law and judgment, the judgment must be affirmed. * Because the Court reverses under these circumstances, I part company with the opinion. Applying the familiar rules that findings shall…