153 Ga. 738 | Ga. | 1922
(After stating the foregoing facts.)
•3. It is urged that the plaintiff could read, that he did not read the sale agreement between him and the defendant, that if he had done so he would have discovered the alleged mistake in this instrument, that his failure to read this document and inform himself of its contents was gross negligence on his part, and that for this reason a court of equity will close its doors against him, and decline to reform this instrument so as to make it speak the true contract between the parties, although the scrivener made a mistake in preparing it, and both parties executed it under a mutual mistake. This court has held that where two contracting parties deal with each other at arm’s length and on equal terms, and where ther'e is no such confidential relation between them as to justify special confidence reposed by one in the other, a written instrument entered into between them can not be set aside upon the ground that the party seeking to be relieved was induced to enter in and sign the instrument in consequence of fraudulent representations as to its contents upon the part of the adverse party, when it appears that the party signing could read, that there was nothing to prevent him from reading the instrument, but that he did not do so, that there was no sufficient excuse for his failing to do so, bxrt he signed after he had full opportunity to inform himself- as to the terms of the instrument by reading it, but negligently omitted to read the same, when he could thus have informed himself of its contents. Boslwiclc v. Duncan, 60 Ga. 383; Boynton v. McDaniel, 97 Ga. 400 (23 S. E. 824); Chicago Building &c. Co. v. Summerour, 101 Ga. 820 (29 S. E. 291); Jossey v. Ga. So. & Fla. Ry. Co., 109 Ga. 439 (34 S. E. 664); Walton Guano Co. v. Copeland, 112 Ga. 319 (37 S. E. 411, 52 L. E. A. 268); Georgia Medicine Co. v. Hyman, 117 Ga. 851 (45 S. E. 238); Harrison v. Wilson Lumber Co., 119 Ga. 6 (2) (45 S. E. 730); Stoddard Mfg. Co. v. Adams, 122 Ga. 802 (50 S. E. 915); Rounsaville v. Leonard Mfg. Co., 127 Ga. 735 (2) (56 S. E. 1030).
This doctrine has likewise been applied by this court to actions for reformation of instruments. On this subject this court has
We do not think that this principle should be extended to cases in which it is sought to reform written instruments on the ground of mutual mistake of fact. It has been proclaimed and applied by this court only in cases where parties have sought to be relieved from their contracts, or have undertaken to have instruments reformed, on account of fraud perpetrated by one of the parties on the other. In Baker v. Patton, 144 Ga. 502 (87 S. E. 659), which was an action for reformation, and in which this doctrine was applied, this distinction was drawn; and Presiding Justice Beck said: “It is unnecessary to point out that petitioner does not rely upon a mutual mistake of fact to have the reformation of the writing which is sought.”
In all cases where the form of the conveyance or instrument is, by mutual mistake, contrary to the intention of the parties in their contract, equity will interfere to make it conform thereto. Civil Code, § 4567; Rogers v. Atkinson, 1 Ga. 12; Wyche v. Greene, 16 Ga. 49; Lucas v. Lucas, SO Ga. 191 (76 Am. D. 642); Kelly v. Hamilton, 135 Ga. 505. (69 S. E. 724); Fambrough v. DeVane, 138 Ga. 47 (74 S. E. 762); Kight v. Gaskin, 139 Ga. 379 (77 S. E. 390); Mason v. Cobb, 148 Ga. 469 (96 S. E. 1042). “ In every case under this head of the law, the only inquiry is, does the instrument contain what the parties intended it should and understood that it did? Is it their agreement? If not, then it may be reformed by aliunde proof, so as to make it the evidence of what
It is true equity will not reform a written contract unless the mistake is shown to be a mistake of both parties. The mistake must be mutual. Civil Code, § 4579; Quiggle v. Vining, 125 Ga. 98 (54 S. E. 74). There is evidence from which the jury could well have inferred that the sale agreement between the plaintiff and the defendant, by a mutual mistake, did not speak the true contract between them; and that it was an afterthought of the defendant to claim the south half of the lot in question. We do not think that the verdict of the jury is contrary to the true law of the case; and we can not set it aside on the ground that it is contrary to law.
This disposes of the alleged errors of which the plaintiff in error complains. We do not think that the court erred in overruling the defendant’s motion for new trial.
Judgment on the main hill of exceptions affirmed; cross-hill of exceptions dismissed.