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STADELE v. RESNICK

274 Wis. 346 (1957)

STADELE, Respondent, vs. RESNICK, Individually and as EXECUTRIX, Appellant.

Supreme Court of Wisconsin.

January 7, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Lorin L. Kay of Richland Center.

For the respondent there was a brief and oral argument by William L. McCusker of Madison.

FAIRCHILD, C. J.

Where the circumstances are such that a party fails to read an instrument after he has called the attention of the drafter to written terms to be included, he may be excused for signing without reading and not be precluded from seeking reformation of the instrument. Negotiations preceding, as well as conduct and negotiations subsequent to the signing, are relevant, and if, upon the whole case, it appears that the mistake was mutual at the time the...

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