Texas Allows Reformation of Land Contract to Correct Statute of Frauds Deficiencies if Identity Is Clear in the Minds of the Parties



Journal Title

Journal ISSN

Volume Title


Texas Tech Law Review


The court held in Shotwell, that following an erroneous contract for the sale of real property, where the mistake is not in the identity of the real property which is clear to both parties, but is merely in the description of the real property contained in the contract, reformation is a proper remedy. The author suggests Shotwell is unique because the Texas Court of Civil Appeals separated identity of the land from the description of the land. Here, the court noted there can be no mutual mistake as to the identity of property, but there can be a mutual mistake of description. Based on this distinction, the author notes the Shotwell emphasizes a just result in view of surrounding circumstances, and predicts the Shotwell approach provides courts an important tool to reform a contract where the parties clearly intended to contract.



Real property, Contract, Mutual mistake, Description, Identity, Shotwell v. Morrow, Case note


5 Tex. Tech L. Rev. 839