Silbon v. Pacific Brewing & Malting Co.

Citations

• 72 Wash. 13
• 129 P. 581
• 1913 Wash. LEXIS 1394

Syllabus

<p>Reformation of Instruments — Mutual Mistake — Equity—Jurisdiction. Equity has jurisdiction to reform a written lease for mutual mistake, hence parol evidence of mistake is not inadmissible as varying the terms of a written contract.</p> <p>Same — Evidence of Mistake — Sufficiency. The uncontradicted evidence of defendant’s agent of a completed agreement, which by mistake was not incorporated in the terms of a written lease, as prepared by the plaintiff, is sufficient to authorize a reformation prayed for by defendant, under the rule that the evidence must be clear and convincing, even if the agent was negligent in failing to discover the mistake before executing the lease.</p>