Bailey v. Hovde

The appellants’ principal assertion is that the proof is not sufficient to support a finding of fraud or mutual mistake by clear and convincing evidence.

The record in this case is quite extensive. All of the parties to the disputed document, including the attorneys who represented Bailey, testified as to their version and many exhibits consisting of contracts and proposals for contracts were offered and received into evidence. Thus the issue becomes one primarily of the credibility of witnesses and the weight of the evidence.

“Reformation is an equitable action and the main object of equitable…