Eva v. McMahon , 77 Cal. 467 ( 1888 )

Works, T., concurring.

I concur in the judgment and in the opinion, except so far as it announces the doctrine that the defendant could defeat the action by proving facts sufficient to show that the instrument sued on ought to be reformed, without such reformation being in fact made. As to the right to have the instrument reformed, the finding of the court below is against the defendant.

Paterson, J., took no part in the decision of this case.

Rehearing denied.