215 Ga. 720 | Ga. | 1960
1. “Reformation as applied to a contract is a remedy cognizable in equity for the purpose, of correcting an instrument so as to make it express the true intention of the parties, where from some cause, such as fraud, accident, or mistake, it does not express such intention. The remedy is not available for the purpose of making a new and different contract for the parties, but is confined to establishment of the actual agreement.” Deck v. Shields, 195 Ga. 697, 701 (25 S. E. 2d 514); Orient Insurance Co. v. Dunlap, 193 Ga. 241 (17 S. E. 2d 703, 138 A. L. R. 916); Prince v. Friedman, 202 Ga. 136, 138 (42 S. E. 2d 434).
2. All of the relief prayed in the present case is predicated on the theory that the petitioner is entitled to reformation and revision of a lease contract, which has become less valuable to it because of the actions of governmental agencies in designating
3. No question is made by the pleadings as to the liability of the governmental agencies for damages to the lease interest of the petitioner.
4. The trial judge properly sustained the general demurrer to the petition.
Judgment affirmed.
Fleetwood Investments, Inc., brought a petition against Bar-tow American Legion Home & Memorial, Inc., and Gulf Oil Corporation. It was alleged: The petitioner and Bartow American Legion Home & Memorial, Inc., entered into a lease agreement on February 24, 1955, covering a described tract of land. On April 5, 1955, the petitioner subleased to Gulf Oil Corporation the north portion of the leased premises, and the petitioner constructed a gasoline station thereon in accordance with this lease agreement. On November 1, 1956, the State Highway Department of Georgia, under the authority granted to- it by Ga. L. 1955, pp. 559-564, designated that portion of U. S. Highway 41 forming the eastern boundary of the premises leased to- the petitioner by Bartow American Legion Home & Memorial, Inc., as a limited-access highway. On July 14, 1958, the City of Carters-ville adopted a zoning ordinance which prohibited access to Highway 41. The portion of the leased property which the petitioner has not subleased is bounded by other property of Bartow American Legion Home & Memorial, Inc., by the property subleased to Gulf Oil Corporation, and by the limited-access highway, and the petitioner has no means of ingress to and egress from the leased property except that portion subleased to Gulf Oil Corporation, and the consideration for a substantial portion
The petitioner prayed that it recover from Bartow American Legion Home & Memorial, Inc., $2,080; that both defendants be enjoined from canceling their leases; that the lease agreement between the petitioner’ >and Bartow American Legion Home & Memorial, Inc., be revised and reformed by the court in a just and equitable manner so that the petitioner shall not be required
The renewed general demurrer of Bartow American Legion Home & Memorial, Inc., to the petition as finally amended was sustained and the petition dismissed. The exception is to that judgment.