Collins v. Gleason

This action, which was commenced on June ££, 1901, arises upon the same memorandum of agreement upon which cause No. 6561, Collins v. Gleason, ante p. 62, 91 Pac. 566, decided by this court on this date, is based. The plaintiffs here sue to reform a deed executed by the defendant, the Fidelity Trust Company, in part performance of that agreement, it being alleged that certain land was, by mutual mistake, incorrectly described therein. From a judgment in favor of the defendants, the plaintiffs have appealed.

The appellants have heretofore recovered a judgment for *70specific performance in a…