Codd v. Langley
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered November 2, 1912, upon findings in favor of the defendants, in an action on contract, tried to the court.
1Per curiam
This is a suit upon written instruments precise and definite in all their terms. The defendants pleaded facts which, if proven, entitled them to a reformation of these instruments, so as to express the antecedent oral agreement. The court found all the issues in favor of the defendants.
It is well settled that reformation may be had to make written instruments express the actual oral agreement and intention of the parties. Snell v. Insurance Co., 98 U. S. 85. Keeping in mind the rule that the right to reform a written instrument upon the ground of mistake must be established by the clear…
2Cases cited2 opinions
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Heffron v. FogelWashington Supreme Court · 1905