302 S.W.3d 483; Bright v. Johnson
Dec 10, 2009OUTCOME: Appellate Court upheld the Trial Court's reformation of the deed.
Seller filed suit against Buyer to reform a deed dated May 2, 2002. The sales contract between the parties called for all minerals to be reserved or retained by the Seller; but, through a scrivener’s e ... rror, the warranty deed failed to reserve or retain the minerals. Buyer acknowledged that he had agreed that Sellers would keep all the minerals and that, even at closing, he still believed they had. Buyer conveyed an undivided interest to his son and his son intervened in the reformation suit. Sellers and Buyer sought summary judgments on their issues. Trial Court granted Sellers summary judgment and reformed the Deed to reserve all minerals to Sellers. Buyer appealed.
