 | Joseph Story - Equity - 1839 - 658 pages
...358. intent. 1 In all such cases, if the mistake is clearly made out by proofs entirely satisfactory, Equity will reform the contract, so as to make it conformable to the precise intent of the parties. But if the proofs are doubtful and unsatisfactory, and the mistake is... | |
 | James Philemon Holcombe - Equity - 1846 - 376 pages
...in fact made of the whole estate, Chancery will aid the defect. out by proofs entirely satisfactory, Equity will reform the contract, so as to make it conformable to the precise intent of the parties. This relief is not confined to the altering of executory contracts,... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1847 - 724 pages
...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 entirely plain, equity will... | |
 | United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...that intent. In all such cases, if the mistake is clearly made out by proofs entirely satisfactory, equity will reform the contract, so as to make it conformable to the precise intent of the parties." 1 Story's Eq. Jurisprudence, p. 164. And Lord Hardwicke remarked in... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1853 - 964 pages
...testimony. EW PECK, contra: Where a written agreement contains more or less than the parties intended, or is variant from the intent of the parties, by expressing...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,... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1855 - 834 pages
...agreement." Judge Story says, "if the mistake is clearly made out by proofs entirely -satisfactory, equity will reform the contract so as to make it conformable to the precise intent of the parties. But if the proofs are doubtful and unsatisfactory, and the mistake is... | |
 | Sir Thomas Wardlaw Taylor - Equity - 1875 - 632 pages
...from their intent by expressing something different from the truth of that intent. In all such cases, equity will reform the contract, so as to make it conformable to the intent of the parties, if the mistake is clearly made out by satisfactory proois(c). 111. The general rule of the common law... | |
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... from the truth of that intent. In all such cases if the mistake is clearly made out by proofs entirely satisfactory, equity will reform the contract so as to make it conformable to the precise intent of the parties. 
