Allen v. Bates

JEFFREY, C.

This is an appeal from an order sustaining a demurrer to plaintiffs’ second amended petition and thj amendment thereto. The action was brought by A. D. Allen and J. J. Allen, as plaintiffs, against Sadie Bates and Florence H. Bates, as defendants, to have reformed a certain note and real estate mortgage in order that they might speak the true intentions of the parties. The second amended petition and the amendment thereto allege, substantially, as follows: That on the 22nd day of November, 1920, plaintiff A. D. Allen and his wife, Frances Allen, entered into a written contract with…