United States Eighth Circuit

In an action seeking reformation of a deed restriction in a lease, district court grant of summary judgment for defendant is vacated and remanded where: 1) parol evidence may be considered to interpret the lease as the lease was ambiguous about whether the parties intended to include the two lots in the restricted properly; and 2) the evidence was sufficient to create a genuine issue of material fact such that a reasonable fact finder could find that the lease was a preexisting agreement describing the property that the parties intended to restrict and and that the parties made a mutual mistake by including the two lots in the restriction declaration.

Appellate Information

• Decided 05/11/2009
• Published 05/11/2009

Judges

• GRUENDER, Circuit Judge., Before SMITH, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gerard T. Carmody, argued, Teresa Dale Pupillo, Jeffrey D. Sigmund, on the brief, St. Louis, MO, for appellant.


• For Appellees:
  
• Benjamin A. Lipman, argued, Andrew S. Buchanan, on the brief, St. Louis, MO, for appellee.