Bevis
Bevis v. Murphey
Opinion
Lead Opinion
Burroughs, J.
This action was commenced for the purpose of reforming a written contract for the sale of real estate, executed by the plaintiffs as sellers and the defendants as buyers. Judgment went for the defendants and the plaintiffs have appealed.
That portion of the contract which it was sought to have reformed reads as follows: 1 ‘ Taxes for the current year to be paid by Seller and Seller agrees to pay all assessments levied subsequent to date hereof. Sept. 28, 1928." It is alleged in the complaint that “It was orally agreed between the plaintiffs and defendants that plaintiffs should pay all taxes and assessments levied against said property up to September 28th, 1928, and that defendants should pay all taxes and assessments levied against said property after said date. ’ ’ It was further alleged therein that it was understood and agreed by all the parties to the contract that plaintiffs were to pay all assessments levied “prior" to September 28, 1928, but that the word “subsequent" as used in said contract was so used through the plaintiffs’ lack of knowledge of the meaning of that word, and the representations to them by the defendants that the word meant “before"; in other words,…