George v. Fritsch Loan & Trust Co.

Plaintiff brought this action to enforce the specific performance of a written contract for the sale of real estate. Defendant answered, admitting that it had executed the written contract sued upon and that it was obligated to convey to plaintiff the land described in his complaint, but alleged that the written contract sued upon does not express the intention of the parties in that by mutual mistake of the parties there was omitted from the written .contract various provisions to the effect that there is not to be constructed upon the premises any building except a residence or apartment…