 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...security was given It is within the rule recognized in Wintermtite v. Snyder, 2 Gr. Ch. 500, that, where an instrument is drawn and executed which professes...or is intended to carry into execution an agreement previously entered into, but which, by the mistake of the draughtsman, either as to law or fact, does... | |
 | United States. Circuit Court (3rd Circuit), Henry Baldwin - Law reports, digests, etc - 1837 - 670 pages
...supreme court lay down as incon[A skew v. Odenheimer.] trovertible, Hunt v. Rousmanier, 1 Peters 13: "Where an instrument is drawn and executed, which...draftsman, either as to fact or law, does not fulfil or violates the manifest intention of the parties to the agreement, equity will correct the mistake so... | |
 | Joseph Story - Equity - 1839 - 658 pages
...it did not contain what the parties had agreed on, that would have formed a very different case; for where an instrument is drawn and executed, which professes,...or is intended to carry into execution an agreement previously entered into, but which, by mistake of the draftsman, either as to fact or to law, does... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 688 pages
...contain in it what the parties had agreed on, a very different case would have been presented ; for where an instrument is drawn and executed which professes...or is intended to carry into execution an agreement previously entered into, but which by mistake of the draftsman either as to fact or law, does not fulfil... | |
 | Georgia. Supreme Court - Equity - 1847 - 710 pages
...incontrovertible. The first is, that where an instrument is drawn and executed, which professes, and is intended, to carry into execution an agreement,...the draftsman, either as to fact or law, does not fulfill, or which violates, the manifest intention of the parties to the agreement, equity will correct... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...written instrument), which, as general principles, we hold to be incontrovertible. The first is, that where an instrument is drawn and executed, which professes,...into execution an agreement, whether in writing or by parole, previously entered into, but which, by mistake of the draughtsman, either as to fact or law,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1854 - 722 pages
...Administrator, (1 Peters, 1,) the principle is stated thus, " It is a principle of equity, that when an instrument is drawn and executed, which professes...intended to carry into execution an agreement, whether by writing, or by parol, previously entered into, but which by the mistake of the draftsman, either... | |
 | Benjamin Robbins Curtis, United States. Circuit Court (1st Circuit) - Law reports, digests, etc - 1857 - 724 pages
...Hi/nde, I Peters, 241. In Hunt v. Rousmanier a position is laid down which precisely covers this point. " Where an instrument is drawn and executed, which professes,...into, but which, by mistake of the draftsman, either of fact or law, does not fulfil, or violates the manifest intention of the parties to the agreement,... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...closed. Perkins v. Hart, 11 Wheat. 237; 6 Cond. Rep. 287. 42. It is a principle of equity, that, when an instrument is drawn and executed, which professes,...into, but which, by mistake of the draftsman, either in fact or law does not fulfil, or which violates the manifest intention of the parties to the agreement,... | |
 | Mercer Beasley - Equity - 1860 - 634 pages
...did not contain what the parties had agreed on, that would have formed a very different case ; for where an instrument is drawn and executed, which professes,...or is intended to carry into execution an agreement previously entered into, but which, Viy mistake of the draftsman, either as to fact or to law, VOL.... | |
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... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement. 
