Maupin v. Sumpter

Opinion op the Court by

Chief Justice Sims

Affirming

Appellant, Harry Maupin, brought this action against appellee, W. A. Sumpter, to recover $1500 damages for an alleged breach of contract by Sumpter in failing to convey to Maupin a house and lot in Ashland, in conformity with their written agreement. In his answer and counterclaim Sumpter averred his willingness to comply with the true contract but pleaded there was a mutual mistake in the contract as drawn and it did not contain the true' agreement of the parties, and asked that it be reformed.

The cause was transferred to equity and referred…