First National Bank v. Hartford Fire Insurance

Citations

• 17 N.M. 334
• 127 P. 1115

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. It is a well settled principle, not in conflict with the rule as to admission of parol evidence, that the reformation of written contracts for fraud or mistake is an ordin-ary head of equity jurisdiction.</p> <p>2. The party alleging the mistake must show exactly in what it consists, and the correction that should be made. The evidence must be such as to leave no reasonable doubt upon the mind of the Court as to either of those points. The mistake must be mutual and common to both parties to the instrument. It must appear that both have done what neither intended.</p>