Bollinger v. Central Pennsylvania. Quarry Stripping And Constr. Co.,

425 Pa. 430 (1967),

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Nature of the Case

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Facts

Bollinger (P) entered into a contract with Central (D) for D to deposit all the waste from a turnpike construction project on P's land. D was to remove the topsoil on P’s land and deposit the turnpike waste and then cover it with the topsoil from P's land, but that requirement was left out of the written contract. P did not realize that the topsoil clause was left out of the contract when it was executed. P averred that they had signed the written agreement without reading it because they assumed that the condition just stated had been incorporated into the writing. D initially covered the waste with topsoil but refused to continue that conduct alleging that it was not required under the contract. P sued for reformation of the written contract to reflect the actual agreement. D contended that no mistake had been made. The trial court granted P relief. D appealed.