 | 1905 - 1120 էջ
...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... | |
 | United States. Supreme Court - 1882 - 1074 էջ
...this question, which, as general principles, we hold it to be incontrovertible. The first is, that where an instrument is drawn and executed, which professes,...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 - 1883 - 750 էջ
...between the parties, nor that the complainant, with knowledge of the omission, acquiesced in the deed. Where an instrument is drawn and executed which professes or is intended to carry into Stines v. Hays. execution an agreement previously entered into, but which, by mistake of the draftsman,... | |
 | 1902 - 1178 էջ
...did not contain what the parties had agreed on, that would have formed a very different case; for, if an instrument is drawn and executed which professes...by mistake of the draftsman, either as to fact or to law. does not fulfill that intention, or violates Itequity will correct the mistake so as to produce... | |
 | Frederick Pollock - 1885 - 568 էջ
...rest, might be thought broad enough to suggest some such distinction as that in question. He says : ' Where an instrument is drawn and executed which professes...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... | |
 | 1896 - 1148 էջ
...other party." It was said by the supreme court of the United States, in Waiden v. Skinner, supra, "that where an instrument is drawn and executed, which professes...or is intended to carry into execution an agreement which is in writing or by parol, previously made between the parties, but which, by mistake of the... | |
 | Frederick Pollock - 1885 - 544 էջ
...rest, might be thought broad enough to suggest some such distinction as that in question. He says: ' Where an instrument is drawn and executed which professes...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... | |
 | 1894 - 1150 էջ
...more important must suffice. In Hunt v. Rousmanier's Adna'rs, 1 Pet. 1, decided in 1828, it is said: "Where an instrument is drawn and executed which professes,...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... | |
 | 1920 - 924 էջ
...reformation of written instruments, as early stated In our federal Supreme Court, cannot be questioned: "Where an instrument is drawn and executed, which...is intended, to carry into execution an agreement, whether in writing or by paro], previously entered into, but which, by mistake of the draftsman, either... | |
 | Joseph Story - 1886 - 838 էջ
...rest, might be thought broad enough to suggest some such distinction as that in question. He says: ' Where an instrument is drawn and executed which professes...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... | |
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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. 
