 | 1886 - 892 halaman
...expressed in Hunt v. Rousmaniere, 1 Pet. 12, and is to the effect that 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,... | |
 | 1888 - 912 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... | |
 | Irving Browne - 1893 - 608 halaman
...of words to express a contract previously made may be corrected. ' Where an instrument is drawn and executed which professes or is intended to carry into...previously entered into, but which, by mistake of the draughtsman, either as to fact or as to law, does not fulfill that intention, or violates it, equity... | |
 | Iowa. Supreme Court - 1894 - 890 halaman
...use of words to express a contract previously made maybe corrected. "Where an instrument is drawn and executed which professes or is intended to carry into...previously entered into, but which, by mistake of the VOL. 85—41 draughtsman, either as to fact or as to law, does not fulfill that intention, or violates... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1895 - 776 halaman
...on Contracts (ed. 1885), side page 470, note S, is the following: "Where an instrument is drawn and executed, which professes, or is intended to carry...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 mistake,... | |
 | 1899 - 898 halaman
...continuing force of contracts as against decedents. Mistake.— Where an instrument is executed which is intended to carry into execution an agreement previously...entered into, but which, by mistake of the draftsman as to fact or law, does not fulfill the manifest intention of the parties, equity will correct the... | |
 | George William Warvelle - 1902 - 696 halaman
...of equity applicable to this question all confirm the doctrine that where an instrument is drawn and executed which professes or is intended to carry into execution an agreement, whether in writing or parol, previously entered into, but which by mistake of the draughtsman, either... | |
 | 1904 - 1164 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... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1904 - 714 halaman
...agreement, which is in writing or by parol, previously made between the parties, but which, by mis-, take 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 mistake... | |
 | 1906 - 1152 halaman
...real intention of the parties. Accordingly, where an instrument Is drawn and executed which professée or Is Intended to carry into execution an agreement...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... | |
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... 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. 
