Krause v. Hartwig

The sole issue is whether there is a substantial issue of fact to be tried.

Reformation is an equitable action and the main object of equitable jurisdiction is to effectuate the intentions of the parties to the instrument in question. A mutual mistake made by the parties to the instrument which would defeat such intentions should be corrected in equity for the purpose of putting in effect such an intention. This is necessarily so even though the parties knew what words were employed and their ordinary meaning. Shearer v. Pringle (1930), 203 Wis. 164, 233 N. W. 623.

The pleadings and the…