1. Equity will reform a contract in the case of a mistake of one party accompanied by fraud or other inequitable conduct by the other party.
2. Equity does not tolerate a surreptitious advantage, even between lawyers, where there was a reposing of trusts and confidence by one in the other.
3. Estoppel does not arise upon one's fraudulent conduct. The complainants in this case, where the defendant's attorney, in whom they placed trust and confidence, through intrigue and guile, led the complainants into a contract such as the complainants never intended to enter into, will not be held estopped to seek the reformation or annulment of the contract.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons expressed in the opinion delivered by Vice-Chancellor Backes in the court of chancery.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.
For reversal — None.