Newton

Action to reform an agreement by which the defendants Hull and Read agreed to purchase, and plaintiff to sell, two fifths of a piece of land situate in Los Angeles County, containing about seventeen acres, together with eight shares of the capital stock of the Lake Vineyard Land and Water Association, a corporation; and also to foreclose the vendor’s lien upon the property for the unpaid portion of the purchase-money.

It is alleged in the complaint that by mistake in drawing the written memorandum of the agreement the words “ undivided two fifths of” were omitted from the description of the land, so that the memorandum purports to be that of an agreement to sell the whole undivided piece of land, but that the parties to said memorandum intended to insert therein a description of only the undivided two fifths of the piece of land therein described. It is further alleged that by mistake of the draughtsman the description of the land in the written memorandum re *490 fers to page 312 of book 118 of deeds in the recorder's office, instead of page 407 of book 167.

A copy of the written agreement, bearing the date of November 1, 1887, is set out in the complaint, and its execution is…