Helton v. Shellnut

Bell, Justice.

1. Equity in a proper ease may reform a written contract because of fraud on one side and mistake on the other. A contract may also be reformed for a mistake of both parties, but the evidence must show “that the mistake was mutual.” Code, §§ 37-207, 37-208; Green v. Johnson, 153 Ga. 738 (3, 4) (113 S. E. 403).(a) In the instant ease, however, the petition did not allege fraud, nor did it contain sufficient allegations to show a mutual mistake. Where mistake is relied on, the petition must allege the particular mistake and show how it occurred. Williams v. Williams, 155 Ga. 622…