Mabb v. Merriam

This is an action brought to reform a contract and to recover damages for an alleged breach thereof. The question arising upon the appeal is presented upon the face of the complaint.

We will consider the single proposition, Do the facts alleged justify a reformation of the contract as prayed for? The facts are these: Plaintiff J. W. Mabb and defendant Merriam verbally agreed to exchange lands. Plaintiff J. J. Mabb was the husband of his coplaintiff, and in conjunction with one Streeter, the agent of both parties, attended to the drawing up of the preliminary contract. In this contract the name…