...plaintiff, at the time of signing ii , supposed that it did truly express said agreement. This constituted " a mistake of one party, which the other at the time knew or suspected," and the party aggrieved is entitled to have the instrument revised so as to express the real intention...

...court may have compelled the defendant to state specifically whether the mistake was mutual or the mistake of one party which the other at the time knew or suspected. Civ. Code, § 3390. He answered the averments in the pleading, and we know of no rule that would preclude...

...agreement, because it does not show that there was any mutual mistake of the parties in making it, or a mistake of one party which the other at the time knew of suspected, and because the allegation that at the time the agreement was executed it was intended...

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...defective? A written contract may be reformed when, through a mutual mistake of the parties thereto, or a mistake of one party, which the other at the time knew or suspected, it does not truly express thei intentions of the parties. Section 3399, Civil Code. A mistake, as denned...

...Erielcson, 42 Minn. 440 (44 NW Rep. 317). Section 3399 of the Civil Code of California is as follows: "When, through fraud or a mutual mistake of the parties,...time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved,...

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...kind of mistake involved in this action. By section 3399 of the Civil Code it is enacted as follows: "When, through fraud or a mutual mistake of the parties,...the other at the time knew or suspected, a written instrument does not truly express the intention of the parties, it may be revised on the application...

...one party, which the other at the time knew or suspected, a written instrument does not truly eipress the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it may be done without prejudice to rights...

...pleadings. * * *•>• Section 4430 of the Civil Code, affirmative of an equity doctrine, reads : "When, through fraud or a mutual mistake of the parties,...time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved,...