Messer v. Hibernia Sav. Etc. Society

Plaintiff, as assignee of the Pacific Improvement Company, brought his action for the specific enforcement of a contract for the exchange of land, made by the Pacific Improvement Company with the defendant. Such was his original complaint. Upon demurrer he amended by pleading mutual mistake in the original contract, sought a reformation of it, and prayed specific performance of the reformed contract, or compensation by way of damages should specific performance be impossible.

It was made to appear that the Hibernia Bank held a mortgage on a lot owned by one Philip Freund, having a frontage of…