Bollinger v. Central Pennsylvania Quarry Stripping and Construction Company

The Bollingers (plaintiffs) agreed to let Central Pennsylvania Quarry Stripping and Construction Co. (defendant) deposit construction waste on their land during a turnpike project. Both sides understood the contract required the defendant to first strip the topsoil, deposit waste on the bare ground, then re-cover it with topsoil, but that provision was omitted from the writing. The defendant followed the process at first, then stopped, claiming the contract did not require it and that it lacked the equipment. The Bollingers sued in equity to reform the contract to include the omitted layering provision. The trial court granted reformation, and the defendant appealed.

Whether a court of equity may exercise its reformation power to add a provision to a written contract that was omitted through the parties' mutual mistake.