No. 986 | Ga. | Oct 15, 1918
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" date_filed="1910-12-14" court="Ga." case_name="Kelly v. Hamilton">69 S. E. 724). The court erred in dismissing the petition.
Judgment reversed.