 | United States. Supreme Court - 1904 - 688 էջ
...proof is entirely satisfactory. Finley v. Lynn, 6 Cranch, 249; Olivers. Insurance Company, 2 Curt. 295. Where an instrument is drawn and executed which professes or is intended to carry a prior agreement into execution, whether in writing or by parol, which by mistake violates or fails... | |
 | 1906 - 1152 էջ
...real intention of the parties. Accordingly, where an instrument Is drawn and executed which professée or Is Intended to carry into execution an agreement...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... | |
 | West Virginia. Supreme Court of Appeals - 1908 - 810 էջ
...statement of the acreage is an essential part of the description, (p. 67.) 7. REFORMATION OF INSTRUMENTS. Where an instrument is drawn and executed which professes...entered into, but which by mistake of the draftsman eilherns to fact or to law does not accomplish the purpose intended, or violates it, equity will relieve... | |
 | 1908 - 1240 էջ
...St. Clara Female Academy v. Delaware Ins. Co. 93 Wls. 07, l>6 Рас. 1140. 16. Where nn instrument which professes or is intended to carry into execution an agreement previously entered into, by mistake, either in law or in fact, does not fulfil, or violates, the manifest intention of the parties... | |
 | 1908 - 554 էջ
...SkaJewskl v. Skaya, Minn.. 114 NW Rep. 247. 30. Mistake. — Where an Instrument is executed to carry out an agreement previously entered Into, but which by mistake of the draftsman does not accomplish the Intended purpose, equity will relieve therefrom. — Taylor v. Godfrey. W.... | |
 | John A. Shields - 1912 - 946 էջ
...court to leave the parties where the law has placed them. The decree is to be affirmed with costs. Where an instrument is drawn and executed which professes...previously entered into, but which, by mistake of the draughtsman, either as to fact or to law, does not fulfil that intention, or violates it, equity will... | |
 | North Carolina. Supreme Court - 1912 - 964 էջ
...to this question, which, as general principles, we hold to be incontrovertible. The first is, ihat 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 TChich by mistake of the draftsman, either... | |
 | Iowa. Supreme Court - 1912 - 886 էջ
...instrument, is dravn< or executed, which professed or is intended to carry into execution an instrument . . . previously entered into, but which by mistake of the draftsman either as to fact or law, does not fulfill that intention, or violates it, equity will correct that mistake so as to produce a conformity... | |
 | 1912 - 1134 էջ
...to this question, which, as general principles, we hold to be incontrovertible. The first is that, where an Instrument Is drawn and executed which professes or is intended tocarry Into execution an agreement, whether In writing or by parol, previously entered Into, but which,... | |
 | 1914 - 1398 էջ
...imposition, or misplaced confidence." Where an instrument 1я drawn and executed, professing or Intending to carry into execution an agreement previously entered...by mistake of the draftsman, either as to fact or as to law, does not accomplish that purpose or violates it. equity will relieve from such mistake.... | |
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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. 
