General Refractories Co. v. Sebek

This is a suit in equity seeking the reformation of a written instrument., a mining lease, on the alleged ground of mutual mistake. After hearing the evidence the circuit court gave .judgment for defendants, and this appeal on the part of plaintiff followed in due course. The lease out of which the controversy grows is one which was given by Steve Sebek and Frances Sebek, husband and wife, as lessors, to respondent Toelke, as lessee. The lease recites:

“The Lessors hereby grant unto the Lessee, his .successors and assigns, all the fire clay, diaspore and other alumina minerals upon and…