Sullivan v. Moorhead

Citations

• 99 Cal. 157
• 33 P. 796
• 1893 Cal. LEXIS 628

Syllabus

<p>Reformation of Deed—Variance from: Written Contract—Mistake Where a written contract for the exchange of land, made in San Francisco, provided for the conveyance of four city lota in Los Angeles, described as containing about two hundred feet front, with seven houses thereon, and the defendant represented to the plaintiffs that the property he was to convey had a frontage of two hundred feet, and each of the lots had a frontage of fifty feet, and the deed of the lots described them as three lots and pari of a fourth, “containing about two hundred feet front,” with the seven houses thereon, upon the delivery of which for examination the defendant stated to the plaintiffs that the description therein was according to the written agreement, the plaintiffs are not precluded by examination and acceptance of, the deed from obtaining a rescission and correction thereof to correspond with the written contract, on the ground of mistake, upon subsequent discovery that the deed did not embrace all the land which the defendant had agreed to convey to them.</p> <p>Id. — Showing of Mistake—Effect of Beading Deed — Mutual Mistake— Fraud. — Where the evidence was sufficient to satisfy the court that the deed did not express the intention of the parties, and that the plaintiffs had been mistaken in supposing that it did, the fact of his having read the instrument would nob prevent the court from finding that it was made under a mistake; nor was the court bound to accept the statement of the defendant as to liis intention in direct contradiction of the written contract, and from his statement to plaintiffs that the deed was intended to be in execution of the agreement, the court was authorized to find that the mistake was mutual, and that liis failure to include the whole of the four lots in his deed, in accordance with the written agreement, without showing a release from his obligation, was either a mistake on liis part, or a fraud upon the plaintiffs.</p> <p>Id. — Olear Proof o