McMahan v. Terkhorn
Indiana Court of Appeals
From Jackson Circuit Court; Simpson B. Lowe, Special Judge. Action by Frank Terkborn and others against Ziba McMahan. From a judgment for plaintiffs, the defendant appeals.
1Opinion of the CourtIbach, P. J.
This is an equity case brought by appellees to recover the value of an alleged excess of acreage contained in a tract of land sold by them to appellant.
In their first paragraph of complaint they seek a reformation .of the contract of sale and a judgment for $3,000, the alleged value of the excess acreage. By the second paragraph they seek to correct a mutual mistake of all the parties to the contract respecting the number of acres involved in the sale, and to recover the value of such excess acreage.
There was a motion to make the second paragraph of the complaint more definite and certain,…
2Cases cited5 opinions
- Tyler v. AndersonIndiana Supreme Court · 1886
- Newman v. KayWest Virginia Supreme Court · 1905
- Indiana Bicycle Co. v. WillisIndiana Court of Appeals · 1897
- Wolcott v. FrickIndiana Court of Appeals · 1907
- Wolcott v. MooreIndiana Court of Appeals · 1910
3Cited by2 opinions
- Aluminum Co. of America v. Essex Group, Inc.District Court, W.D. Pennsylvania · 1980
- Hellyer Communications, Inc. v. WRC Properties, Inc.District Court, S.D. Indiana · 1997