Wolfe

Plaintiffs sued for the reformation of a written contract for the purchase of a lot of real property. They had judgment and the defendant has appealed on a typewritten record.

The contract was executed by respondents and the agents of appellant, who had theretofore been authorized in writing by appellant to execute such contracts with purchasers of lots owned by appellant and placed in the hands of her agents for sale. As an inducement for the sale these agents assured respondents that the cost of street improvements then contemplated and proposed by the city had been or would be paid for by the owner (appellant) and that the purchasers would be required to meet the cost of future assessments for future street improvements. The contract between respondents and appellants’ agents merely provided that “said buyer shall pay all assessments which may be levied on the premises.” The theory of the complaint is that, through the mistake of the parties, the contract failed to express their real intention and the respondents prayed that it be reformed accordingly.

On October 10, 1922, appellant entered into a written contract of employment with her agents for the subdivision and sale of…