55 Ind. App. 439 | Ind. Ct. App. | 1914
Instruction No. 13 given by the court is justly criticised as being indefinite and confusing as to the measure and
The party seeking reformation of a written instrument
Some of the other questions suggested are not properly presented by the briefs and others are not likely to arise at another trial of the case. The instructions given were in many respects misleading and confusing. The errors are of such a character that we can not say they were not harmful to appellants.
For the reasons already stated, the judgment is reversed with instructions to sustain appellants’ motion for a new trial and for further proceedings not inconsistent with this opinion.
Note.—Reported, in 103 N. E. 1087. As to causes and proceedings lor reformation of instruments, see 65 Am. St. 481; 117 Am. St. 227. As to the sufficiency of evidence to warrant the reformation of an instrument on the ground of mutual mistake, see 19 Ann. Cas. 343. See, also, under (1) 3 Cyc. 401; (2) 3 Cyc. 395; (3) 2 Cyc. Anno. 1013; (4) 3 Cyc. 397; (5) 38 Cyc. 1611; (6) 3 Cyc. 223; (7) 38 Cyc. 1610, 1611; (8) 38 Cyc. 1614; (9) 38 Cyc. 1750, 1755; (10) 34 Cyc. 979, 980, 984.