Chapin

Appeal from a judgment for the plaintiff, and an order denying the defendant’s motion for a new trial. The suit was brought to reform a written contract, and to recover money thereon due as reformed. The contract, which is admitted, recites a conveyance of even date by the plaintiff to the defendant of certain lands on the easterly side of Grover street, in the city of Los Angeles; and by its terms, and in consideration of the conveyance, the defendant agrees “that when said Grover street shall be graded, curbed and side-walked, he will pay all costs and expenses for grading, curbing and sidewalking said Grover street in front of the property now still owned by the party of the first part hereto, said property having a frontage of six hundred and thirty-nine and fifty-six one hundredths feet on the west side of said Grover street, said grading, curbing and sidewalking to be uniform in character, workmanship and materials with that used on the other portions of said Grover street.”

The allegations of the complaint with regard to mistake are (paragraph 2): “That at the time of making said written agreement, and immediately prior thereto, it was agreed and understood between the…