Bailard v. Marden

Willis R. Bailard and his wife conveyed real property to Muriel Harden. The deed declared that the grant was made subject to all conditions and restrictions of record. By the mistake or inadvertence of the Bailards and their agents, the restrictions of record did not limit the use of the lot to residential purposes. When this situation became known to the Bailards, they sued for reformation of their deed and other relief. The appeal is from the judgment in favor of the Bailards.

In their third amended complaint a mutual mistake by the contracting parties was pleaded for a first cause of…