Torrao v. Cox

The plaintiff brought this action for reformation of a deed whereby he conveyed to the Coxes more land than he had intended. Finding that the full extent of the land conveyed was understood by the Coxes and by the plaintiff’s attorney (who had prepared the deed) at the time of the closing, the trial judge denied relief for want of mutuality of any mistake. The plaintiff appealed.

The subsidiary findings, not disputed in this appeal, disclose the following scenario. The plaintiff’s native tongue is Portuguese; he has limited ability to speak, and no ability to read, English. Wishing to sell a…