Morris v. Morris

E.E. Morris leased his 548-acre farm to his son Harold Morris (defendant) for five years and then, eight months later, gave Harold a ten-year option to buy the farm, but the option contract mistakenly described only 312 of the farm's 548 acres. After E.E. died, another son, Marion Morris, became executor of the estate (plaintiff), and when Harold sought to exercise his option, the estate sought a declaratory judgment on how many acres it owed him. At trial, both Harold and Marion testified E.E. had unambiguously intended the option to cover the entire 548-acre farm, and the drafting attorney's secretary testified she had inadvertently omitted 236 acres while typing the contract; the trial court found a mutual mistake and ordered the missing acreage added, and the estate appealed the admission of that testimony.