Spratt v. Carroll

MOREMEN, Chief Justice.

This is an appeal from a judgment of the Taylor Circuit Court which reformed the terms of a bill of sale on the ground that an important portion of the agreement had been omitted by mutual mistake of the parties.

Appellee, Lora Carroll, was the operator of the Little Pine Restaurant in Campbells-ville. Appellant purchased from her all equipment, fixtures and furniture used in the business. The bill of sale contained the following warranty of title:

“And the said grantors hereby covenant to and with the said grantee that the said grantors are the lawful owners of the above…