Morris v. Morris

282 Ga. App. 127, 637 S.E.2d 838, 2006 Ga. App. LEXIS 1334, 2006 Fulton County D. Rep. 3393

 

RULE:

A contract will not be reformed due to mutual mistake if the party seeking reformation was not reasonably diligent in discovering the mistake. Parol evidence is admissible to prove a mistake in a deed or any other contract required by law to be in writing.

FACTS:

In the first case, the son stated that the trial court erred in holding that he waited too long before seeking a change to the option contract. The Court of Appeals agreed that the son exercised his option within the 10-year period, and was, therefore, timely. The true terms of the contract were not set forth in the option contract due to an mistake by the secretary.  

ISSUE:

Was the son's reformation untimely and was there a mutual mistake in the option contract?

ANSWER:

No and Yes

CONCLUSION:

The court held that the ruling that the denial of the reformation was reversed, and that there was a mutual mistake in the formation of the contract. 

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