D contracted to make X for P. Payments were to include the buildings used by D be turned over to P once contract ended/contract ended. D refused to turn over buildings bc isn’t written in K. P wants rectification of K
Was it the intention that the land and buildings form part of the contract?
The Court can rectify a conveyance on the ground of mutual mistake although the written contract says something different - Unless exceptional reason not to.
**Court does have jurisdiction when there is a mutual mistake, not for an individual mistake
Both parties were mistaken. You cant get out of your obligation by saying you made a mistake
There was an intention that the land and building should become property of P