TORRAO v. COX

No. 87-781.

26 Mass. App. Ct. 247 (1988)

525 N.E.2d 1349

JOAQUIM F. TORRAO vs. EDWARD L. COX & another.

Appeals Court of Massachusetts, Hampden.

July 28, 1988.


Attorney(s) appearing for the Case

Olivia O. Johnston for the defendants.

Marshall T. Moriarty, for the plaintiff, submitted a brief.

Present: GRANT, ARMSTRONG, & KASS, JJ.


ARMSTRONG, J.

The plaintiff brought this action for reformation of a deed whereby he conveyed to the Coxes more land than he had intended. Finding that the full extent of the land conveyed was understood by the Coxes and by the plaintiff's attorney (who had prepared the deed) at the time of the closing, the trial judge denied relief for want of mutuality of any mistake. The plaintiff appealed.

The subsidiary findings, not disputed in this appeal, disclose...

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