Graham v. Carnegie Steel Co.

Citations

• 217 Pa. 34
• 66 A. 103
• 1907 Pa. LEXIS 650

Syllabus

<p>Deed — Reformation of deed — Mistake—Mutual mistake — Evidence.</p> <p>In order to reform a deed on the ground of mistake, it must clearly appear by the testimony of witnesses who distinctly remember the facts that a mistake was made and that the writing does not express the agreement. The testimony must be clear, precise and indubitable, and of such weight and directness as to carry conviction to the mind.</p> <p>On a bill in equity to reform a deed, reserving a right of way, it was averred that by mutual mistake of the parties the words “nine degrees” were used instead of the words “nine per cent” in describing the grade of the way. The testimony established nothing except that the agents for the grantor were mistaken as to what a nine degree grade was, not that there was a mutual mistake in making the deed. Held, that complainants were not entitled to the relief sought.</p>