Biren v. Kluver

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Plaintiffs sued to reform and correct an agreement for a warranty deed. They allege that the agreement was to sell a 120-acre tract to the defendants, Howard H. Kluver and E. R. Jacobs, for $100 per acre but that by mistake the description included substantially more acreage. The property was part of the larger farm owned by the plaintiffs, a portion of which had been previously sold to tire defendants, Meyer J. Barrash and Annette M. Rarrash.

Following a bench trial the court decreed that the agreement be reformed to evidence…