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MAY v. TURNPIKE COMM.

No. 36673.

172 Ohio St. 555 (1962)

MAY, APPELLEE, v. OHIO TURNPIKE COMMISSION, APPELLANT.

Supreme Court of Ohio.

Decided January 3, 1962.

Attorney(s) appearing for the Case

Messrs. Nadler & Nadler and Mr. Louis Gelbman, for appellee.

Mr. Lockwood Thompson, Mr. Francis K. Cole and Mr. William D. Keast, for appellant.

O'NEILL, J.

Upon an examination of the record in this case, this court is of the opinion that the plaintiff has sustained the burden, by the required degree of proof, that the contract between the parties did not express their intention due to a mutual mistake of fact, and that plaintiff is entitled to have the contract and the deed executed pursuant thereto reformed in order to contain the following language:

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