 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
 | Alabama. Supreme Court - Law reports, digests, etc - 1902 - 826 pages
...instruments, either executory or executed. Something by mistake, the written instrument contains less than the parties intended; sometimes it contains more; and...such cases if the mistake i-.s clearly made out by proof entirely satisfactory, equity will reform the contract, so as to make it conformable to the precise... | |
 | Minnesota. Supreme Court - Law reports, digests, etc - 1869 - 612 pages
...agreements, either executed or executory. Sometimes, by mistake, the written agreement contains less than the parties intended ; sometimes it contains more; and...from their intent by expressing something different ia substance from the truth of that intent. In all such cases, if the mistake is clearly made out by... | |
 | Joseph Story, Melville Madison Bigelow - Law - 2000 - 396 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. 3 In all such cases if the mistake is clearly made out by proofs entirely satisfactory, equity will... | |
 | Joseph Story - Equity - 2006 - 1170 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 t heir intent by expressing something different in substance from the truth of that intent. In all... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1869 - 820 pages
...instruments, either executed or executory. Sometimes, by mistake, the written agreement contains less than the parties intended ; sometimes it contains more, and...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 - 1886 - 1024 pages
...contains more or less than the agreement of the parties, or something different, if the mistake is made out by 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 - 1901 - 1086 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 partios; but if the proofs are doubtful and unsatisfactory, and... | |
| |
