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NEWMISTER v. CARMICHAEL

29 Wis.2d 573 (1966)

NEWMISTER, Respondent, v. CARMICHAEL and others, Appellants.

Supreme Court of Wisconsin.

February 1, 1966.

Attorney(s) appearing for the Case

For the appellants there was a brief by Vaudreuil & Vaudreuil of Kenosha, and oral argument by Leo E. Vaudreuil.

For the respondent there was a brief by McEvoy & Munger of Kenosha, and oral argument by John P. McEvoy.

CURRIE, C. J.

Plaintiff tried this case on the theory that by mutual mistake 7½ percent had been inserted in several places in the written agreement of May 31, 1961, instead of the 15 percent previously agreed upon by the parties. Inasmuch as the judgment of reformation is grounded upon the trial court's finding that such mutual mistake had occurred, the crucial issue on this appeal is whether such finding is against the great weight and clear preponderance of...

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