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Contracts Keyed to Farnsworth
Bollinger v. Central Pennsylvania Quarry Stripping and Construction Co
Facts
Plaintiffs and Defendant entered into a contract. The agreement allowed the Defendant to deposit construction waste on Plaintiffs’ property. Plaintiffs claimed that the parties agreed that Defendant would remove the topsoil on Plaintiffs’ property, deposit the waste material, and replace the topsoil on top of the waste. Plaintiffs stated that they signed the contract without reading because they assumed the condition had been incorporated in the writing. When Defendant first began depositing the waste, it removed the topsoil, deposited the waste, and replaced the topsoil, seemingly in compliance with the contract. However, Defendant ceased doing this after a period, insisting that it was not required by the agreement to do as Plaintiffs wished. Plaintiffs thereafter sued to have the contract reformed due to a claimed mutual mistake in the drafting of the contract.
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