delivered the opinion of the court.
Moore v. Union Trust & Savings Bank, 210 Ill. App. 639 (1918)
April 5, 1918
·
Illinois Appellate Court
210 Ill. App. 639
F. W. Moore and J. W. Bushnell, Plaintiffs in Error, v. Union Trust and Savings Bank, Trustee, et al., Defendants in Error.
(Not to Tbe reported in full.)
Abstract of the Decision. .
Reformation of instruments, § 11 * —when mistake shown justifying reformation of contract for purchase of realty. Evidence held sufficient to sustain the chancellor’s findings that a verbal agreement that one of the parties to a contract for the purchase of realty should be reimbursed to the extent of the cash advanced by him to consummate the deal, and for his expenses, before the *640profits realized from the sale of the property so purchased should be divided among the parties, was hy mistake omitted from the written contract as drafted and to justify reformation.
*639Error to the Circuit Court of St. Clair county; the Hon. J. F. Giixi-iam, Judge, presiding.
Heard in this court at the October term, 1917.
Affirmed.
Opinion filed April 5, 1918.
Statement of the Case.
Bill for accounting by F. W. Moore and J. W. Bushnell, complainants, against Union Trust and Savings Bank, trustee, and August Schlafly, defendants. The latter filed a cross-bill praying reformation of the contract upon which the suit was based. From a decree in conformity with the prayer of the cross-bill, complainants bring error.
J. C. Ivefts and D. J. Sullivau, for plaintiffs in error.
Keefe, Hadley & Baxter, for defendants in error; W. C. Coftftett, of counsel.