Bryan v. Breyer

CLIFFORD, Justice.

Katherine Breyer appeals from a judgment entered in the Superior Court (Hancock County, Mead, J.) granting reformation of a purchase-and-sale agreement and the accompanying deed on the ground of a mutual mistake. Although both parties labored under a material mistake of fact at the time the agreement was executed, we vacate the judgment because there was no mutual mistake as of the date of the delivery of the deed.

Admiral Richard Byrd owned a substantial amount of land surrounding Tunk Lake in Sullivan. On his death in 1957, the Admiral devised the land to his wife, Marie…