Dunn v. O'Mara

Mr. Presiding Justice Harker

delivered the opinion oe the Court.

This was a bill in equity by appellant to reform a contract in writing whereby he agreed to pay to appellee $1,150 to excavate and construct a certain land drain or ditch. The theory of the bill was that a mutual mistake was made by thé parties growing out of an erroneous computation of the cost of the work at the rate of 7£ cents per cubic yard.

The case was referred to the master in chancery for proofs and findings. The master found'there was no mistake and the court sustained the finding and dismissed the bill.

A clear…