Myers v. Fleetwood Farms, Inc.

The opinion of the court was delivered by

Price, J.:

This is an action to reform a written cattle-feeding contract to conform to an alleged prior oral agreement between the parties, and to recover judgment for an alleged balance due under the contract as reformed. As a basis for reformation plaintiff alternatively alleges mutual mistake of the parties and fraud.

Defendant has appealed from an order overruling its demurrer to the amended petition.

The demurrer contains three paragraphs, the first being directed to the allegations of fraud, the second to those of mutual mistake, while the third is…