Preble

The plaintiffs, in their complaint, allege that on the thirteenth day of January, 1888, they and the defendant entered into an agreement, of which the following is a copy:—

Plaintiffs further allege that when said agreement was written it was understood between all the parties thereto that the same should contain a clause obliging said defendant to buy said land at said price of $125 per acre, and the omission of such a clause therefrom was wholly accidental and unintentional; that between the words “said Preble & Young agree to sell to Abrahams, of Reno,” and the words “ for $125 per acre, for forty acres of the eighty-acre tract at Biggs,” in said contract, there should have been inserted the words “ and said Abrahams agrees to purchase ”; that the omission was the result of a mutual mistake, etc. Plaintiffs further allege that they have kept and performed all the terms, covenants, and conditions on their part to be performed, and that defendant refuses to keep or perform any of the terms, covenants, or conditions of said contract on his part, and refuses to purchase said land, or pay plaintiffs therefor; wherefore plaintiffs pray to have said contract reformed so as to make it…