Proctor v. Fife

Citations

• 97 Kan. 431
• 155 P. 931
• 1916 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Deed — Covenant against Taxes —• Mutual Mistake — Reformation of Deed. The action was one for damages for breach of a covenant against taxes contained in a warranty deed. The defense was that the deed should be reformed, on the ground of mutual mistake, so that the covenant would speak from the date of the contract of sale and not from the date of the deed. The defense was fully established by parol evidence, which was not disputed, the contention of the plaintiff being that the evidence was not admissible and that as a matter of law the covenant spoke from the date of the deed. Held, that the deed should be reformed.</p>