 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 2431889Full view - About this book
 | Eugene Leggett - Charter-parties - 1894 - 778 pages
...either executory or executed. Sometimes by mistake, the written agreement contains less than the • parties intended*; sometimes it contains more ; and...their intent by expressing something different in suhstance from the trutk of that intdnt. In all such cases, if the mistake is clearly made out by proofs... | |
 | Newfoundland. Supreme Court - Law reports, digests, etc - 1897 - 1028 pages
...language which we cannot do better than adopt in this case: "If the mistake is clearly made out by proof entirely satisfactory, equity will reform the contract, so as to make it conformable to the precise intents of the parties. But if the proofs are doubtful and unsatisfactory, and the mistake is not made... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1899 - 1352 pages
...satisfactory proof of the intention of the party." Yet if a mistake is made out by proofs that are entirely satisfactory, equity will reform the contract, so as to make it conform to the intent of the parties. 1 Sugden on Vend. (7th Am. ed.) 212. Townshend v. Stangroom,... | |
 | Law reports, digests, etc - 1904 - 1260 pages
...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. Eq. Jur. p. 164. "No doubt but this court has jurisdiction to relieve In respect of a plain... | |
 | Law reports, digests, etc - 1904 - 1162 pages
...agreements, either executory or executed. Sometimes by mistake the written agreement contains less than the parties intended; sometimes it contains more; and...reform the contract so as to make it conformable to the proei.se intent of the parties." 1 Story, Eq. Jur. p. 164. "No doubt but this court lias jurisdiction... | |
 | Krishnarao Phatak - 1904 - 400 pages
...sought is so to rectify the writing as to bring it into conformity with the true contract. In all s:ich cases, if the mistake is clearly made out by proofs...satisfactory, equity will reform the contract, so as to mnko it conformable to the precise intents of the parties. An instrument can only be rectified, when,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1904 - 688 pages
...case can only be granted in a court of equity ; and Judge Story says, if the mistake is made out of proofs entirely satisfactory, equity will reform the contract so as to make it conform to the precise intent of the parties ; but if the proofs are doubtful and unsatisfactory, and... | |
 | Law reports, digests, etc - 1904 - 1164 pages
...agreements, either executory or executed. Sometimes by mistake the written agreement contains less than the parties intended; sometimes it contains more; and sometimes it simply varies from their In- j tent by expressing something different in substance from the truth of that intent. In all such... | |
 | United States. Supreme Court - Law reports, digests, etc - 1905 - 794 pages
...agreements, either executory or executed. Sometimes by mistake the written agreement contains less than the parties intended ; sometimes it contains more ; and sometimes it simply varies from their intent by Bradford et al. v. The Union Bank of Tennessee. expressing something different in substance from the... | |
 | John Edward Robert Stephens - Charter-parties - 1908 - 246 pages
...mistake the written instrument contains less than the parties intended ; sometimes it contains more. In such cases, if the mistake is clearly made out by...it conformable to the precise intent of the parties (2). It is upon the same ground that equity interferes in cases of written agreements, where there... | |
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