...agreements, either executory or executed. Sometimes, by mistake, the written agreement contains less than the parties intended ; sometimes it contains more; and...something different in substance from the truth of that 1 Cited in Mortimer v. Capper, 2 Bro. Ch. R. 158; 6 Ves. 24; 1 Madd. Eq. Pr. 63; 1 Fonbl. Eq. B. 1,...

...follow, that the defect cannot be supplied by extrinsic proof. Will not a court of equity reform a contract, so as to make it conformable to the precise intent of the parties, if from fraud, mistake, or want of skill, the meaning and intention of Bass and Carter v. Gilliland's...

...of perpetuity, yet if the sale was in fact made of the whole estate, Chancery will aid the defect. out by proofs entirely satisfactory, Equity will reform...conformable to the precise intent of the parties. This relief is not confined to the altering of executory contracts, and conforming them to the intentions...

...by expressing something substantially different, if the mistake is made out by satisfactory proof, equity will reform the contract, so as to make it conformable to the intent of the parties. But such extrinsic proof, it seems, is not admissible in the absence of fraud,...

...is, in cases of fraud and mistake, says Judge Story, " if the mistake is clearly made out, by proof entirely satisfactory, equity will reform the contract, so as to make it conformable to the intent of the parties ; but if the proofs are doubtful and unsatisfactory, and the mistake is not made...

...agreements, either executory or executed. Sometimes by mistake the written agreement contains less than the parties intended; sometimes it contains more; and...conformable to the precise intent of the parties." 1 Story's Eq. Jurisprudence, p. 164. And Lord Hardwicke remarked in Henkle v. Royal Exchange Assur....

...varies from their intent by expressing something different in substance from the truth of that intent.2 In all such cases,' if the mistake is clearly made...to make it conformable to the precise intent of the parties.3 But if the proofs are doubtful and unsatisfactory, and the mistake is not made entirely plain,...

...by expressing something substantially different, if the mistake is made out by satisfactory proof, equity will reform the contract, so as to make it conformable to the precise intent of the parties. O'Neal, Michaux & Thomas v. Teague & Tcague, 8 Ala. 353 ; Whitehead, by next friend v. Brown, 18 Ala....

...agreements, either executory or executed. Sometimes, by mistake, the written agreement contains less than the parties intended ; sometimes it contains more ; and...conformable to the precise intent of the parties." Durant v. Durant. In Calverley v. WiUiamt, 1 Verper, 210, Lord Thurlow said: "No doubt, if one party...

...accidental omission or insertion of a material stipulation, contrary to the intention of both parties, by expressing something different in substance from the truth of that intent, and under a mutual mistake. (1 Story's Eq. Jur. sec. 152, 155, 156, 157. 2 John. Ch. 595, 596.) The...