AHNAPEE & W.R. CO. v. CHALLONER


34 Wis.2d 134 (1967)

AHNAPEE & WESTERN RAILWAY COMPANY, Appellant, v. CHALLONER and another, Respondents.

Supreme Court of Wisconsin.

February 28, 1967.


Attorney(s) appearing for the Case

For the appellant there were briefs by Davis, Soquet Cherney of Green Bay, and oral argument by Colburn G. Cherney.

For the respondents there was a brief by Everson, Whitney, O'Helia, Everson & Brehm of Green Bay, and oral argument by John C. Whitney.


HALLOWS, J.

The railroad contends there is sufficient evidence upon which the trial court should have reformed the contract and in addition the court erred in not applying the doctrine of estoppel in pais or the doctrine of promissory estoppel. We do not agree and we think the trial court was right in its finding.

An insurance policy like any other contract may be reformed because of mutual mistake when the policy does not contain the provisions intended...

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