Hayden

This action was brought to reform a deed by which plaintiff conveyed to defendant property lying in Section 36, Township 10 North, Range 9 East, Section 31, Township 10 North, Range 10 East, and Section 1, Township 9 North, Range 9 East. The reformation sought was to exclude from the conveyance the southeast quarter of the southeast quarter of said Section 36. Reformation was denied and plaintiff appealed.

The evidence concerning the contention of the parties as to the disputed 40 acres was in conflict. The conflict was resolved against the plaintiff by the trial court and under the well-known rule the judgment appealed from must be affirmed. It is unnecessary to state all of the evidence, but enough will be stated to show that there was substantial evidence to sustain the trial court’s resolution of the issues.

*892 Plaintiff and defendant had entered into an agreement for the purchase by defendant from plaintiff of a certain tract of land other than that with which we are here concerned. Before that transaction could be consummated plaintiff received an offer of a better price and asked defendant to release him from that agreement and suggested he purchase, instead, other land…