reformation based on mutual mistake will not excuse insured from neglect of their legal duty).
Here, the district court specifically found clear and convincing evidence of mutual mistake and that Exxon's negligence, if any, did not violate any legal duty nor reach the level of culpability necessary to bar reformation. In keeping with the court's determination in Crabb that negligence must be "culpable" and must violate some legal duty in order to bar reformation, we agree with the district court's findings and conclusions.
AFFIRMED.
Paragraph 7 of the Buyer's Terms and Conditions of Sale reads: All descriptions of properties in the sale, including any published in sale brochures or promotional material, have been supplied by Seller for the sole purpose of identifying the location of such properties ... BIDDER UNDERSTANDS AND AGREES THAT SUCH DESCRIPTIONS AND OTHER INFORMATION ARE PROVIDED BY SELLER AND DELIVERED BY EBCO FOR GENERAL INFORMATION ONLY, AND THAT NO GUARANTEE OR WARRANTY AS TO THE ACCURACY OR SUITABILITY FOR USE OF THE DESCRIPTION OR OTHER INFORMATION IS MADE. EBCO AND SELLER MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ON THE PROPERTY LISTED FOR SALE AS TO ITS OIL AND/OR GAS PRODUCTION, TITLE, CONDITION, QUALITY, FITNESS FOR GENERAL OR PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE AND DO FURTHER STATE THAT ALL PROPERTY IS SOLD "AS IS", WITHOUT RECOURSE. DUE DILIGENCE IS REQUIRED.... THE BIDDER IS RESPONSIBLE TO SATISFY HIMSELF PRIOR TO THE SALE AS TO THE INFORMATION CONCERNING AND CONDITIONS OF THE PROPERTIES AND INTERESTS BEING SOLD. (Appellant's Appendix at 738)
It is unclear whether Dart knew of the Searcey Ramona 2-24 well, but it is clear he knew of the Searcey Ramona 1-24 well and believed it to be producing in the Red Fork formation based on Dwight's listing