James v. McConnell and Margot Murphy McConnell v. Pickering Lumber Corporation

HEALY, Circuit Judge.

This is a diversity case involving in major part the local interpretation of section 3399 of the California Civil Code, relating to the reformation of contracts. 1

Appellants, citizens of New York, brought suit against appellee, a Delaware corporation with its principal offices in Kansas City, to recover upon a written contract, copy of which was attached and made a part of the complaint. As an alternative to recovery on the contract as written, reformation was asked on grounds of mutual mistake or “mistake of plaintiffs known or suspected by defendants.” The court on…