Court Refuses to Reform Contract Failing to Find a Scrivener’s Error
By: Scott E. Waxman and Douglas A. Logan
In, In re 11 West Partners, LLC, the Delaware Court of Chancery (the “Court”) refused to reform a contract with clear language, finding the argument of a scrivener’s error unconvincing. While the Court noted that it found all of the parties’ testimony believable, the Court did not find clear and convincing evidence that a mistake was made in drafting the contract in question.
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