Lawndale Natl. Bank v. Hawthorne Roofing Tile

Full title: Lawndale National Bank, Trustee, Appellee, v. Hawthorne Roofing Tile…

Court: Appellate Court of Illinois

Date published: Jun 30, 1941

311 Ill. App. 245 (Ill. App. Ct. 1941)

35 N.E.2d 434

Opinion

Gen. No. 41,698. (Abstract of Decision.)

Opinion filed June 30, 1941

REFORMATION OF INSTRUMENTS, § 19^_ — mutual mistake in description of property. Reformation of description of property in trust deed, so as to cause the same to include building obviously intended to be covered, held proper on ground of mutual mistake.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. STANLEY H. KRARKOWSKI, presiding.

The decree of the circuit court of Cook county is affirmed in part reversed in part and remanded with directions. Heard in first division, first district, this court at April term, 1941.

De Witt B. Bayer, for appellant;

Kerner, Jarps Tittle and Baumann Laux, for appellee.

Opinion by JUSTICE O'CONNOR.

"Not to be published in full." Opinion filed June 30, 1941.