 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
 | United States. Supreme Court - Law reports, digests, etc - 1911 - 1584 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's Eq. Jurisprudence, p. 164. And Lord Hardwicke remarked in Henkle v. Royal Exchange Assur.... | |
 | Law reports, digests, etc - 1912 - 1164 pages
...mistake the written agreement contains less than the parties intended; sometimes It contains more; sometimes It simply varies from their Intent by expressing...such cases, 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... | |
 | Law reports, digests, etc - 1912 - 1172 pages
...mistake the written agreement contains less than the parties intended; sometimes it contains more; sometimes it simply varies from their intent by expressing something different in substance from the trutli of that intent. In all such cases, if the mistake ia clearly made out, by proof entirely satisfactory,... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1914 - 372 pages
...agreements, either executory or executed. Sometimes, by mistake, the written agreement contains less than the parties intended; sometimes it contains more, and...different in substance from the truth of that intent." ยง 152. We have inserted these at greater length than may be regarded necessary, from the fact that... | |
 | Thomas Johnson Michie - Law reports, digests, etc - 1917 - 1154 pages
...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,... | |
 | Joseph Story - Equity - 1918 - 752 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 intent.2 In all such cases if the mistake is clearly made out by proofs entirely satisfactory, equity... | |
 | Austin Abbott - Actions and defenses - 1918 - 968 pages
...something material has been omitted; or that the instrument contains more than was intended ; or that it varies from their intent by expressing something different in substance from the truth of that intent.32 The mistake must be clearly "Leavitt v. Palmer, 3 NY 19; O'Donnell v. Harmon, 3 Daly, 424;'... | |
 | George Luther Clark - Equity - 1921 - 880 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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 1160 pages
...agreements, either executory or executed. Sometimes by mistake the written agreement contains less than the parties intended; sometimes it contains more; and...satisfactory, equity will reform the contract, so as lo make it conformable to the precise intent of the parties." (1 Story's Eq. Jurisprudence, p. 164.)... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 1142 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... | |
| |
