Teutsch v. Hvistendahl

Teutsch and Hvistendahl entered into a contract for the purchase and sale of residence property in Vermillion. The contract described Lot 7, Block 3, Bigelow’s University Addition. When Teusch discovered that the west 6.7 feet of the house stood on Lot 8 he brought an action to reform the contract so as to include the East Half of Lot 8, on the ground of mistake. The circuit court denied reformation and was affirmed in this court. Teutsch v. Hvistendahl, 72 S. D. 48, 29 N. W.2d 389. This case is now before the court on rehearing.

The grounds for reformation, as stated in SDC 37.0601, are…