Gabbett v. Hinman
Supreme Court of Georgia
Equitable petition. Before Judge Bell. Eulton superior court. October 1, 1910.
1Opinion of the CourtLumpkin, J.
Sarah E. Gabbett filed her equitable petition against George B. Hinman, seeking to obtain the reformation of a deed, or, if this were not granted, to recover a money verdict. The court dismissed the petition on general demurrer, and the plaintiff excepted.
Equity will not generally reforra a written contract on the ground of mistake, unless it is shown to be the mistake of both parties;'but it may'rescind and cancel upon the ground of mistake of fact material to the contract, though the mistake be that of one party only. Civil Code (1910), § 4579. In Wyche v. Greene, 26 Ga. 415 (decided in…
2Cases cited8 opinions
- Kendall v. WellsSupreme Court of Georgia · 1906
- Wylly v. GazanSupreme Court of Georgia · 1883
- Central of Georgia Railway Co. v. GortatowskySupreme Court of Georgia · 1905
- Hall v. DavisSupreme Court of Georgia · 1905
- Venable v. BurtonSupreme Court of Georgia · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- J. Kuniansky Inc. v. WareSupreme Court of Georgia · 1941
- Miller v. RackleySupreme Court of Georgia · 1945
- White & Hamilton Lumber Co. v. FosterSupreme Court of Georgia · 1924
- Brown-Randolph Co. v. GudeSupreme Court of Georgia · 1921
- Kight v. GaskinSupreme Court of Georgia · 1913
2 more not listed; retrieve them via the Exa API.