Mason v. Cobb

Supreme Court of Georgia

Mason v. Cobb

96 S.E. 1042, 148 Ga. 469, 1918 Ga. LEXIS 377

Supreme Court of Georgia·Decided October 15, 1918·No. No. 986·Published·Cited by 7 cases

Opinion

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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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.

Mason v. Cobb, 96 S.E. 1042, 148 Ga. 469, 1918 Ga. LEXIS 377 (Ga. 1918).

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