Lynch Enterprise Finance Corp. v. Realty Construction Co.

1. The motion to dismiss the writ of error is without merit. 2. Equity has jurisdiction to reform written instruments where there has been a mistake on the part of one of the parties, accompanied by fraud on the part of the other party, just as in eases where there is a mutual mistake. Venable v. Burton, 129 Ga. 537 (69 S. E. 253) ; Gibson v. Alford, 161 Ga. 672, 683 (132 8. E. 442); Hunnicutt v. Archer, 163 Ga. 868 (2) (137 S. E. 253), and cit.

3. Fraud may exist from misrepresentation by one party which does actually deceive the other party, though the party making it was not aware that his…