Belvidere Distilling Co. v. Reconstruction Finance Corp.

LINDLEY, Circuit Judge.

In the District Court plaintiff sought to reform an agreement between the respective parties dated May 1, 1946, for the reason, as it averred, that a mutual mistake of fact had occurred in the preparation of the agreement. The court referred the cause to a master who, after hearing plaintiff’s evidence, concluded that plaintiff had shown no right to relief, and recommended that the suit be dismissed. The court approved his findings and dismissed the action for want of equity. The sole question presented is whether the court erred in so doing.

The essential undisputed…