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KRAUSE v. HARTWIG

14 Wis.2d 281 (1961)

KRAUSE, Respondent, v. HARTWIG and wife, Appellants.

Supreme Court of Wisconsin.

October 3, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief by Smith, Miller & Eberhardt of Jefferson, and oral argument by Richard C. Smith.

For the respondent there was a brief by Skinner & Thauer of Watertown, and oral argument by Richard C. Thauer.

DIETERICH, J.

The sole issue is whether there is a substantial issue of fact to be tried.

Reformation is an equitable action and the main object of equitable jurisdiction is to effectuate the intentions of the parties to the instrument in question. A mutual mistake made by the parties to the instrument which would defeat such intentions should be corrected in equity for the purpose of putting in effect such an intention...

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