English & Co. v. Thorn

Lumpkin, Justice.

It appears from the record, that Thorn brought in the city court of Atlanta an action against English & Company upon a written contract which in its terms was plain and unambiguous. Treating the contract as meaning precisely what it expressed, the plaintiff was entitled to recover a certain amount. The defendants, however, filed in the city court a plea in which they alleged, in substance, that the instrument sued upon did not correctly express the real and true contract made and entered into between the parties; but that in reducing the same to writing, a mutual mistake was…