Fudge v. Payne

Citations

• 86 Va. 303
• 10 S.E. 7
• 1889 Va. LEXIS 40

Syllabus

<p>1. Written instruments—Reformation—Mistakes—Parol evidence—Proof—It is settled law that in suits to reform written instruments on the ground of mutual mistake, parol evidence'is always admissible to establish the fact of a mistake, and in what it consisted, and to show how the writing should be corrected in order to conform it to the agreement which the parties actually made. But the mistake must be proved beyond a reasonable doubt.</p> <p>2. Idem—Case at bar.—In this case, upon the evidence in the record: held, there, is no proof of any mistake.</p> <p>3. Chancery practice—Amendment of bill.—Where demurrer has been sustained to a bill, and the bill amended, the plaintiff waives his right to appeal on that ground.</p>