Schillinger v. Huber

CONTRACTS ? DEEDS ? REFORMATION OF INSTRUMENTS. 1. Reformation of Instruments ? Deeds ? Evidence did not justify relief on ground of fraud or mistake. In suit to reform deed so as to reserve 6 1/4% of all oil and gas rights and royalties to grantor rather than all but 6 1/4% of such oil and gas rights, evidence would not justify granting of relief sought on ground of either fraud or mistake. 2. Reformation of Instruments ? Knowledge of mistake. Plaintiff, who knew of mistake when deed was executed, was not entitled, on ground of mistake, to have deed reformed so as to reserve 6 1/4% of all oil and gas rights and royalties to grantor rather than all but 6 1/4% of such oil and gas rights. 3. Reformation of Instruments ? Evidence disclosed plaintiff had knowledge of mistake. The evidence sustained finding that plaintiff had had knowledge of variance between deed and contract for deed at time when deed was executed. 4. Reformation of Instruments ? Question of acceptance of deed held one of law. The question as to whether plaintiff, having full knowledge that deed did not conform to his contract, had accepted deed as full compliance with contract, was question of law to be determined by court. 5. Reformation of Instruments ? Acquiesence to mistake. Grantee paying balance of purchase price after he knew of mistake in deed acquiesced in mistake, and could not urge same as ground for reformation of deed. - Page 81