A distinction exists between reforming a contract and executing a contract in case of mistake. To authorize the former, the court shall be satisfied by the evidence that the mistake was mutual; but the court may refuse to act in the latter case if the mistake is confined to the party refusing to execute.
(Orig. Code 1863, § 3057; Code 1868, § 3069; Code 1873, § 3124; Code 1882, § 3124; Civil Code 1895, § 3981; Civil Code 1910, § 4578; Code 1933, § 37-208.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 27A Am. Jur. 2d, Equity, §§ 36 et seq., 53 et seq.
21A Am. Jur. Pleading and Practice Forms, Reformation of Instruments, § 26 et seq.
C.J.S.- 30A C.J.S., Equity, §§ 41 et seq., 91.
76 C.J.S., Reformation of Instruments, § 1 et seq.
ALR.
- Mistake in lease as ground for relief, 26 A.L.R. 472.
Relief from contract of sale because of mistake as to amount of commodity which it calls for, 31 A.L.R. 384.
Right to reformation of contract or instrument as affected by intervening rights of third persons, 44 A.L.R. 78; 79 A.L.R.2d 1180.
Attempt to reform contract as election of remedies precluding action to enforce contract as written or vice versa, 49 A.L.R. 1513.
Right to reformation of conveyance as depending upon consideration, 69 A.L.R. 423; 128 A.L.R. 1299.
Mistaken belief that contract bound one's principal, and not himself personally, as ground for reformation, 71 A.L.R. 1307.
Reformation of memorandum relied upon to take an oral contract out of the statute of frauds, 73 A.L.R. 99.
Effect of alteration intended merely to correct mistake in instrument so as to conform it to original understanding, 73 A.L.R. 652.
Right of present claimant of title as against original or intermediate grantor to reformation to correct error in description common to conveyances in chain of title, 89 A.L.R. 1444.
Jurisdiction of court of law to avoid or reform release of claim for personal injuries on ground of mutual mistake, 96 A.L.R. 1144.
When does limitation or laches commence to run against suit to reform an instrument, 106 A.L.R. 1338.
Right of third person entitled to maintain an action at law on a contract between other parties, or to garnish indebtedness thereunder, to maintain a suit for its reformation, 112 A.L.R. 909.
Right of insurer to reformation of policy or other relief because of its own error, not due to misrepresentation by insured, in computing premiums, indemnity, or other benefits or options under policy, 125 A.L.R. 1058.
Reformation of instrument on ground of mutual mistake as to legal significance of the terms used, 135 A.L.R. 1452.
Reformation on ground of mutual mistake regarding character or extent of estate or title imported by language used in instrument, 141 A.L.R. 826.
Mistake by one party to contract as to identity of other party who acted in good faith, 147 A.L.R. 1171.
Mistake as to existence, practicability of removal, or amount of minerals as ground for relief from mineral lease, 163 A.L.R. 878.
Right, after foreclosure, to reformation on ground of erroneous description originating in mortgage, 172 A.L.R. 655.
Incontestable clause as applicable to suit to reform insurance policy, 7 A.L.R.2d 504.
Negligence in executing contract as affecting right to have it reformed, 81 A.L.R.2d 7.
Reformation of property insurance policy to correctly identify the person or interest insured, 25 A.L.R.3d 580.
Reformation of insurance policy to correctly identify risks and causes of loss, 32 A.L.R.3d 661.
Reformation of usurious contract, 74 A.L.R.3d 1239.