Atkinson v. Darling

Citations

• 107 Kan. 229
• 191 P. 486
• 1920 Kan. LEXIS 50

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Lease — Mutual Mistake Alleged — Reformation Asked. An instrument in writing which admittedly did not correctly recite all the terms of the contract of the parties may be reformed for mutual mistake, and such mutual mistake may be satisfactorily established by competent, preponderating evidence, although one of the parties who resisted its reformation testified that there had been no mutual mistake and that he understood the contract to be as it was set down in the written instrument..</p> <p>2. Same — New Trial Granted — No Reversible Error. Ordinarily no reversible error can be based upon the granting of a new trial unless the trial court indicates the explusive and specific ground upon which the new trial is granted, and unless that ground happens to be one which the supreme court is in as good a position to consider and determine as the trial court.</p>