Fidelity & Deposit Co. v. State Highway Department

When this case was formerly before this court it was held that “An honest mistake of the law as to the effect of an instrument on the part of both contracting parties, when such mistake operates as a gross injustice to one, and gives an unconscientious advantage to the other, may be relieved in equity.” State Highway Department v. Fidelity & Deposit Co., 168 Ga. 288, 290 (147 S. E. 522). It was held also, that, construed as a whole, the petition set out a cause of action, but that the rendition of a money judgment on the bond was dependent upon a reformation of the bond as prayed. Thereafter…