LA ROSA v. HESS


258 Wis. 557 (1951)

LA ROSA, Appellant, vs. HESS, Respondent.

Supreme Court of Wisconsin.

March 6, 1951.


Attorney(s) appearing for the Case

Alexander Lakes of Milwaukee, for the appellant.

For the respondent there was a brief by Affeldt & Lichtsinn, attorneys, and Eldred Dede of counsel, and oral argument by Karl M. Anderson and H. F. Lichtsinn, all of Milwaukee.


FAIRCHILD, J.

Reformation of an instrument cannot be made if the only grounds shown are that one party misunderstood the legal effect of the writing or because each of the parties gave his peculiar interpretation to it. But the reformation of a contract may be accomplished by a suit in equity where the evidence convinces the court that the true intent of the parties differed from the contract as reduced to writing, and that by some mistake or fraud the real intent...

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