Treadaway v. Camellia Convalescent Hospitals, Inc.

Opinion

JANES, J.

Plaintiff appeals from a judgment which declares the amount of annual rental due to plaintiff, as lessor, from defendant Camellia Convalescent Hospitals Corporation, a Delaware corporation (“Del-Camellia”), under a written lease dated August 1, 1968.

This case presents an issue of first impression—namely, whether there can be reformation of a written contract after a party to it, a corporation, has been merged into another corporation which thereby succeeded to the contract, where the latter corporation, having survived the merger, opposes reformation, resisting on the ground…