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" ... and 2. Where there has been a mistake of one party accompanied by fraud or other inequitable conduct of the remaining parties. In such cases the instrument may be made to conform to the agreement or transaction entered into according to the intention... "
The Pacific Reporter - Σελίδα 222
1914
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The Northeastern Reporter, Τόμος 43

1896
...Ene. Law, 720; 1 Ping. Chat Mortg. § 269; 2 Warv. Vend. p. 801. It is said, in Pom. Eq. Jur. § 1376: "Equity has jurisdiction to reform written instruments...other inequitable conduct of the remaining parties. In such cases the instrument may be made to conform to the agreement or transaction entered into, according...

The Atlantic Reporter, Τόμος 19

1890
...that is, when there lias been a meeting of minds, an agreement actually entered into, butthecontract, deed, settlement, or other instrument, in its written...other inequitable conduct of the remaining parties. In such, cases the instrument may be made to conform to the agreement or transaction entered into according...

Atlantic Reporter, Τόμος 89

1914
...unilateral mistake the remedy is rescission. But a court of equity will reform a contract in the case of a mistake of one party accompanied by fraud or other inequitable conduct of the other party. 4 Pomeroy's Eq. Juris. (3d Ed.) § 1376." . See, also, Story on Eq. Juris. § 151, quoted...

The Southern Reporter, Τόμος 69

1916
...in its written form, does not express what was really intended by the parties thereto ; and, second, where there has been a mistake of one party, accompanied...other inequitable conduct of the remaining parties. In such cases, the instrument may be made to conform to the agreement or transaction entered into,...

The Southeastern Reporter, Τόμος 10

1890
...stipulation, contrary to the intention of both parties, and unde'r a mutual mistake; and (2) where there ha« been a mistake of one party, accompanied by fraud...other inequitable conduct of the remaining parties. But so great and obvious is thedangerof permitting the solemn engagements of parties, when reduced...

The Southwestern Reporter, Τόμος 200

1918
...case a reformation should be granted. The relief was granted in the application of the rule that the mistake of one party, accompanied by fraud or other Inequitable conduct of the other party, may be good ground for the reformation of a written instrument, and Pomeroy's statement...

Lawyers' Reports Annotated, Βιβλίο 3

1889
...Equity has jurisdiction to reform written instruments, first, where there is a mutual mistake; second, where there has been a mistake of one party accompanied...other inequitable conduct of the remaining parties. Jackson v. Magbee. 21 Ma. 622; Kilmer v. Smith, 77 NY 226; Albany Sav. Inst. v. Burdick, 87 NY 40;...

The New York Supplement

1889
...in its written form does not express what was really intended by the parties thereto; and, second, where there has been a mistake of one party, accompanied...other inequitable conduct of the remaining parties. In such cases the instrument maybe made to conform to the agreement or transaction entered into according...

The Southeastern Reporter, Τόμος 10

1890
...insertion of a material stipulation, contrary to the intention of both parties, and under a mutual mistake; and (2) where there has been a mistake of one party,...other inequitable conduct of the remaining parties. But so great and obvious is the danger of permitting the solemn engagements of parties, when reduced...

Law of Real Property: Being a Complete Compendium of Real Estate ..., Τόμος 1

Emerson E. Ballard, Tilghman Ethan Ballard - 1892
...insertion of a material stipulation, contrary to the intention of both parties, and under a mutual mistake; and (2) where there has been a mistake of one party...other inequitable conduct of the remaining parties. But so great and obvious is the danger of permitting the solemn engagements of parties, when reduced...




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