Atkinson v. Darling

The opinion of the court was delivered by

Dawson, J.:

This was a suit to reform a written lease and to enjoin the tenant from entering upon some lands which by mistake had been included in the lease.

The plaintiffs held a public auction at which they offered one hundred acres of land for sale, and as an inducement to *230its sale they offered to give the purchaser a lease for five years on some adjacent arable land and on sixty acres of pasture land. The plaintiff’s pasture contained about one hundred acres, but they intended to reserve forty acres of the pasture for the purpose of breaking it and…