Supreme Court of Georgia, 1918

Mason v. Cobb

Mason v. Cobb
Supreme Court of Georgia · Decided October 15, 1918 · Atkinson
148 Ga. 469; 96 S.E. 1042; 1918 Ga. LEXIS 377

Mason v. Cobb

Opinion of the Court

Atkinson, J.

The allegations of the petition as amended, as against a general demurrer, presented such a case of mutual mistake in. expressing certain matters, and in omitting other matters, from a written contract that were intended to be expressed therein, as would authorize a decree of reformation in a court of equity. Civil Code, §§ 4570, 4576, 4579; Wyche v. Greene, 16 Ga. 49; Lucas v. Lucas, 30 Ga. 191 (76 Am. D. 642); Kelly v. Hamilton, 135 Ga. 505 (69 S. E. 724). The court erred in dismissing the petition.

Judgment reversed.

All the Justices concur. A. W. Jordan, M. P. Eea, and Williams & Bradley, for plaintiff. T. P. Stephens, for defendant.

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