General Refractories Co. v. Howard

This is a suit in equity to reform two deeds on the ground of mutual mistake. The judgment nisi was for defend-1 ants, dismissing plaintiff’s bill. From such judgment plaintiff prosecutes this appeal.

The facts lie within small compass. Sometime prior to October I 3, 1922, the American Refractories Company through its agents, operating as prospectors, had discovered a body of fire clay on I respondent Howard’s land in Gasconade County. On the date just] mentioned a representative of the Refractories Company went I to the Howard land for the purpose of purchasing and securing I from the owner a…