Higgins v. Parsons

Citations

• 65 Cal. 280
• 3 P. 881
• 1884 Cal. LEXIS 519

Syllabus

<p>Revision of Contract—Mistake.—When it appears that one of the parties to a written agreement knew at the time of its execution that it did not truly express the intention of the parties, and also knew that the other party signed it supposing the intention to be correctly expressed, a case for revision is made out under section 3399 of the Civil Code. The right of revision does not depend upon the fact that he might have discovered the mistake before signing the instrument.</p>