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" Sometimes by mistake the written agreement contains less than tho parties intended; sometimes it contains more; and sometimes it simply varies from their intent by expressing something different in substance from the truth of that intent. In all. such... "
Southern Reporter - Page 243
1889
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 1

Joseph Story - Equity - 1839 - 712 pages
...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,...
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Reports of Cases at Law and in Equity, Argued and Determined in ..., Volume 5

Alabama. Supreme Court - Law reports, digests, etc - 1844
...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...
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An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - Equity - 1846 - 358 pages
...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...
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Reports of Cases at Law and in Equity, Argued and Determined in ..., Volume 8

Alabama. Supreme Court - Law reports, digests, etc - 1846
...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,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 8

Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1847
...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...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 13

United States. Supreme Court - Law reports, digests, etc - 1852
...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....
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 1

Joseph Story - Equity - 1853 - 712 pages
...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,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 21

Alabama. Supreme Court - Law reports, digests, etc - 1853
...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....
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Reports of Cases Argued and Decided in the Circuit Court of the ..., Volume 6

United States. Circuit Court (7th Circuit), John McLean - Law reports, digests, etc - 1856
...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...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 22

New York (State). Supreme Court, Oliver Lorenzo Barbour - Law reports, digests, etc - 1857
...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...
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