Bollinger v. Central Pennsylvania Quarry Stripping and Construction Company

The Bollingers (the plaintiffs) executed an agreement with Central Pennsylvania Quarry Stripping and Construction Company (the defendant) permitting the defendant to deposit construction waste on their property in the course of its construction project on the Pennsylvania Turnpike. Pursuant to a mutual understanding of the parties, the plaintiffs believed that the contract contained a provision that required the defendant to first strip the topsoil, then deposit the waste on the bare ground, and then cover it with the previously removed topsoil. The defendant initially adhered to this process, but later stopped. When the plaintiffs complained, the defendant stated that there was nothing in the contract requiring them to follow the process and that the equipment necessary to remove the topsoil had been taken away, rendering them incapable of following the process. The plaintiff sued in equity, requesting a reformation of the contract to include the provision that was omitted by the parties’ mutual mistake. The court granted relief for the plaintiffs, and the defendant appealed.