Mason v. Cobb
Supreme Court of Georgia
Equitable petition. Before Judge Hardeman. Emanuel superior court. April 13, 1918. T.' E. Cobb as owner, and G. L. Mason as lessee, signed a written contract, which, omitting formal parts, was as follows: “This contract entered into between Thos.
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Equitable petition. Before Judge Hardeman. Emanuel superior court. April 13, 1918. T.' E. Cobb as owner, and G. L. Mason as lessee, signed a written contract, which, omitting formal parts, was as follows: “This contract entered into between Thos. E. Cobb, party of the first part, and G. L. Mason, party of the second part, for and in consideration of four dollars per acre, to be paid in cotton at ten cents per pound, said cotton to grade good middling, it is agreed between party of the first part and said party of the second part that said lands áre to be surveyed and said party of the second…
1Opinion of the CourtAtkinson, J.
The allegations of the petition as amended, as against a general demurrer, presented such a case of mutual mistake in. expressing certain matters, and in omitting other matters, from a written contract that were intended to be expressed therein, as would authorize a decree of reformation in a court of equity. Civil Code, §§ 4570, 4576, 4579; Wyche v. Greene, 16 Ga. 49; Lucas v. Lucas, 30 Ga. 191 (76 Am. D. 642); Kelly v. Hamilton, 135 Ga. 505 (69 S. E. 724). The court erred in dismissing the petition.
Judgment reversed.
All the Justices concur. A. W. Jordan, M. P. Eea, and Williams & Bradley,…
2Cases cited3 opinions
- Wyche v. GreeneSupreme Court of Georgia · 1854
- Lucas v. LucasSupreme Court of Georgia · 1860
- Kelly v. HamiltonSupreme Court of Georgia · 1910
3Cited by7 opinions
- Green v. JohnsonSupreme Court of Georgia · 1922
- Cheatham v. PalmerSupreme Court of Georgia · 1941
- Chapman v. Cassels Co.Supreme Court of Georgia · 1935
- Miller v. ShawSupreme Court of Georgia · 1956
- Head v. StephensSupreme Court of Georgia · 1959
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