Mason v. Cobb
Supreme Court of Georgia
Mason v. Cobb, 148 Ga. 469 (Ga. 1918)
96 S.E. 1042; 1918 Ga. LEXIS 377
Atkinson
Mason v. Cobb
Opinion of the Court
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.
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