Bevis v. Murphey

BURROUGHS, J.,

pro tem.

This action was commenced for the purpose of reforming a written contract for the sale of real estate, executed by the plaintiffs as sellers and the defendants as buyers. Judgment went for the defendants and the plaintiffs have appealed.

That portion of the contract which it was sought to have reformed reads as follows: 1 ‘ Taxes for the current year to be paid by Seller and Seller agrees to pay all assessments levied subsequent to date hereof. Sept. 28, 1928." It is alleged in the complaint that “It was orally agreed between the plaintiffs and defendants that plaintiffs should pay all taxes and assessments levied against said property up to September 28th, 1928, and that defendants should pay all taxes and assessments levied against said property after said date. ’ ’ It was further alleged therein that it was understood and agreed by all the parties to the contract that plaintiffs were to pay all assessments levied “prior" to September 28, 1928, but that the word “subsequent" as used in said contract was so used through the plaintiffs’ lack of knowledge of the meaning of that word, and the representations to them by the defendants that the word meant “before"; in other words, that the word meant that the plaintiffs were to pay all assessments levied before September 28, 1928, and that when they signed the contract all the parties believed that the contract so read and was intended to so read. The an

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swer of the defendants admits the maldng of the contract, but avers that it fully and fairly sets forth the agreement between the parties and that it was understood and agreed that the plaintiffs were to pay certain assessments for street improvements to be made on Cazadore Street adjoining the property sold and also pay all taxes thereon for the then current fiscal year and it was understood that the defendants should pay all other taxes levied against the property for the years subsequent to the fiscal year 1928-1929. Upon the issues thus raised, the court, after trial, made its findings in favor of the defendants and entered judgment that it was the agreement of the parties that the plaintiffs were to pay the taxes on the property for the current fiscal year 1928-1929, and the assessment for street improvements on Cazadore Street, which was fixed in the sum of $3-60.29, and that the defendants should pay all future taxes and assessments.