BAY'S TEXACO SERV. AND SUPPLY CO., INC. v. Mayfield

CARL R. GAERTNER, Presiding Judge.

Defendants appeal from an order of the trial court granting plaintiff’s request for reformation of a lease. We dismiss.

On April 27, 1989, plaintiff filed an amended petition alleging in Count I a breach of contract and requesting in Count II reformation of a lease. Defendants answered plaintiff’s petition by denying the allegations and claiming that plaintiff lacks the capacity to bring suit against defendants. Further, defendants raise several affirmative defenses to plaintiffs claims in the breach of contract count.

After a hearing solely on the issue in…