Pedersen v. Hansen
Pedersen v. Hansen
Opinion of the Court
Tbe vital question in this case is whether tbe findings are supported by tbe evidence. Counsel for appellants invokes tbe well settled rule tbat in order to warrant a court of equity in reforming a contract tbe evidence must be clear, convincing, and satisfactory.
We are of opinion that the views of the trial judge are correct and the findings well supported by the evidence. The difficulty in the present case is that while the proof is clear, convincing, and satisfactory as to what the agreement was, there was a mistake made in reducing it to writing, so that as written it did not express the agreement of the parties. Under such circumstances a court of equity will reform. Wis. M. & F. Ins. Co. Bank v. Mann, 100 Wis. 596, 76 N. W. 777; Green Bay & M. C. Co. v. Hewitt, 62 Wis. 316, 21 N. W. 216, 22 N. W. 588; Lardner v. Williams, 98 Wis. 514, 74 N. W. 346; Kropp v. Kropp, 97 Wis. 137, 142, 72 N. W. 381; Grant M. Co. v. Abbot, 142 Wis. 279, 124 N. W. 264; Whitmore v. Hay, 85 Wis. 240, 55 N. W. 708; Lusted v. C. & N. W. R. Co. 71 Wis. 391, 36 N. W. 857; Rowell v. Smith, 123 Wis. 510, 102 N. W. 1.
By the Court. — Judgment affirmed.
Reference
- Full Case Name
- Pedersen and wife v. Hansen and wife
- Status
- Published