House

The action was brought for the reformation of a written instrument and for specific performance. From the judgment in favor of plaintiff defendant appealed on the judgment-roll. The said instrument is in the following words and figures:

The only question before us is as to the ruling of the court upon the demurrer to the complaint, since it is admitted by appellant that the findings are a literal transcription of the allegations of the complaint, except in two immaterial instances, and that the judgment must be upheld if the objections to the complaint be not well taken.

The particulars wherein it was sought to revise the written agreement are, as stated by respondent: “First, to substitute the word ‘exchange’ for the word ‘sell’; second, to insert a more particular description of the real property which is t'he subject matter of the contract; third, to strike out a certain term in the contract; and fourth, to insert a certain other term in the contract. ’ ’

The ground upon which the reformation was sought is the mutual mistake of the parties whereby the said written instrument does not express their intention or the agreement actually entered into.

- The cause, or rather the…