Metro. Loan Ass'n v. Esche

Citations

• 75 Cal. 513
• 17 P. 675

Syllabus

<p>Bindings — Evidence—Judgment.—Where there is evidence tending to support a particular finding, the judgment will not be reversed on the ground that the finding is unsupported by the evidence.</p> <p>Reformation—Mutual Mistake—Ignorance of Contents of Agreement — Omission to Bead. — A written instrument executed by parties between whom there is no special relation of trust or confidence will not be reformed so as to omit a particular clause, on the ground that the same was inserted through the mutual mistake of the parties, when the party against whom the reformation is sought knew of the insertion of the clause at the time of the execution, and the party seeking the reformation might have known such fact had he read the instrument.</p> <p>Sureties—Bond—Continuing Liability after Burst Term.—A bond executed by an official for the faithful performance of his duties during a particular term of office, and for any succeeding terms for which he might afterwards be elected, is presumptive evidence of a consideration for the undertaking of the sureties to be responsible after the expiration of the first term; and for a defalcation subsequently occurring, an action may be maintained against the sureties on the bond.</p>