James H. Welles, Respondent v. George A. Yates, Appellant

Summary

The Court of Appeals affirmed the lower court’s judgment granting reformation of the deed on the ground of fraud, despite the plaintiff’s unilateral mistake, and limited the plaintiff’s damages for timber removal to six years preceding the suit. It held that fraud, like mutual mistake, justifies equitable reformation, and that the statute of limitations bars recovery of damages beyond six years. The decision also directed the plaintiff to stipulate a reduction of the judgment amount within thirty days, otherwise the judgment would be reversed and a new trial ordered.