 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1014 halaman
...had agreed upon, that would have formed a very different case ; for where an instrument is drawn and executed which professes or is intended to carry into...of the draftsman either as to fact or law, does not fulfil that intention or violates it, equity will correct the mistake so as to produce a conformity... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 674 halaman
...proved a very different case : for where Curtis and others against Leavitt. an instrument is drawn and executed, which professes or is intended to carry...but which, by mistake of the draftsman, either as to the fact or the law, does not fulfill that intention or violates it, equity will correct the mistake,... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 822 halaman
...is that which has already been stated. Hnnt v. Rousmanierc's Administrators. 1 P. ing or by parol, previously entered into, but which, by mistake of the draftsman, either as to fact or law, does not fufil, or which violates the manifest intention of the parties to the agreement, equity will correct... | |
 | Joseph Story - 1866 - 860 halaman
...had agreed on, that would have formed a very different case ; for where an instrument is drawn and executed, which professes, or is intended to carry...by mistake of the draftsman, either as to fact or to law, does not fulfil that intention, or violates it, equity will correct the mistake, so as to produce... | |
 | Theophilus Parsons - 1868 - 702 halaman
...following language is adopted from Hunt v. Rousmanier, 1 fetvrs, 1 : " Where an instrument is drawn and executed, which professes or is intended to carry into execution an agreement, whether in writing or by parol previously entered into, but which, by mistake of the draughtsman, either... | |
 | Joseph Brown Heiskell - 1870 - 882 halaman
...general principles, we hold to be incontrovertible. The first is, that when an instrument is drawn and executed, which professes or is intended to carry into execution an agreement, whether in writing or by parol, previously entered into, but which by mistake of the draftsman, either... | |
 | John Hoff Stewart - 1878 - 738 halaman
...the rule recognized in Wintermute v. Snyder, 2 Gr. Ch. 500, that, where an instrument is drawn and executed which professes or is intended to carry into...an agreement previously entered into, but which, by the mistake of the draughtsman, cither as to law or fact, does not fulfill that intention, or violates... | |
 | Iowa. Supreme Court - 1879 - 778 halaman
...on, that would have formed a very different case, for when an instrument is drawn and executed whicli professes, or is intended, to carry into execution...by mistake of the draftsman, either as to fact or to law, does not fulfill that intention, or violates it, equity will correct the mistake so as to produce... | |
 | 1905 - 1120 halaman
...into execution an agreement, which is In writing or by parol. previously made between the parties, but which by mistake of the draftsman, either as to fact or law, does not fulfill, or which violates, the manifest intention of the parties to the agreement, equity will correct the... | |
 | United States. Circuit Court (1st Circuit), William Henry Clifford - 1880 - 728 halaman
...Ins. Co., Hearn t>. Equitable Safety Insurance Company. 2 Curt. 295. Where an instrument is drawn and executed, which professes or is intended to carry into execution an agreement, whether in writing or by parol, previously entered into, but which by mistake of the draftsman, either... | |
| |
... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement. 
