 ... 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 2201914Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Irving Browne - 1893 - 608 σελίδες
...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... | |
 | 1894 - 1206 σελίδες
...reformation may be had if they were in error in respect of the thing to which these terms apply. 3. 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 (Syllabus by the Court.)... | |
 | New York (State). Supreme Court. Appellate Division - 1902 - 762 σελίδες
...Coleman, 107 id. 41.) Equity may reform a written instrument where there has been a mutual mistake or " where there has been a mistake of one party accompanied...other inequitable conduct of the remaining parties." (Pom. Eq. Juris. [2d ed.] § 1376.) The court has power to correct mistakes in judgments, decrees and... | |
 | 1898 - 1248 σελίδες
...obtaining that relief. See 2 Pom. Eq. Jur. §§ 852, 853. It Is said In 3 Pom. Eq. Jur. ! 13T6, that "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 en* tered Into... | |
 | Iowa. Supreme Court - 1898 - 888 σελίδες
...well-defined cases: (1) Where there is a mutual mistake, — that is, where there has been a meeting of the minds, an agreement actually entered into, but the...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... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - 1899 - 868 σελίδες
...from what the other supposed he was, is not the kind of mutual mistake which equity will reform. ' Equity has jurisdiction to reform written instruments...other inequitable conduct of the remaining parties.' 3 Pom. Eq. Jur., § 1376. The executory contract is merged in the delivered and accepted deed, and... | |
 | Washington (State). Supreme Court, Eugene Genroy Kreider - 1899 - 824 σελίδες
...that author says : " Equity has jurisdiction to reform written instruments in but two well defined cases : 1. Where there is a mutual mistake, — that...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... | |
 | New York (State). Courts - 1900 - 940 σελίδες
...instrument does not express what was really intended by the parties thereto, and second, when there was n mistake of one party accompanied by fraud or other inequitable conduct of the remaining parties (3 Pom. Eq. Juris., § 137G), and the evidence to justify the court to decree a reformation on the... | |
 | Indiana. Appellate Court - 1903 - 820 σελίδες
...§1376, the author says: "Equity has jurisdiction to reform written instruments in Earl r. VanNatta. but two well-defined cases: (1) Where there is a mutual...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... | |
 | Thomas Johnson Michie - 1917 - 1154 σελίδες
...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 by fraud or other inequitable REFORMATION OF INSTRUMENTS §§ 13-14 : conduct of the remaining parties. In such cases, the instrument... | |
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