 | South Dakota. Supreme Court - 1915 - 758 էջ
...words or language used to express their intention." At §115 Story's Equity Jurisprudence, it is said: "Where an instrument is drawn and executed, which...by mistake of the draftsman, either as to fact or to law, does not fulfill that intention, or violates it, equity will correct that mistake, so as to... | |
 | Henry Campbell Black - 1916 - 994 էջ
...ground. However, there are authorities to the effect that where an instrument is executed which professes to carry into execution an agreement previously entered...the draftsman, either as to fact or law, does not accomplish the intended purpose, equity will relieve from such mistake.88 On application to reform... | |
 | 1916 - 1348 էջ
...intended, to carry into execution an agreement, whether in writing or by parol, previously entered into, which, by mistake of the draftsman, either as to fact or law, does not fulfil, or which violates, the manifest intention of the parties to the agreement, equity will correct the... | |
 | Reuben Knox - 1918 - 574 էջ
...(Err. & App. 1878). "It is within the rule recognized in Wintermute v. Snyder, 2 Gr. Ch. 500, that, where an instrument is drawn and executed which professes...an agreement previously entered into, but which, by the mistake of the draughtsman, either as to law or fact, does not fulfill that intention, or violates... | |
 | Joseph Story - 1918 - 752 էջ
...material to its operation, the error may be corrected or the erroneous transaction may be rescinded. 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... | |
 | Samuel Williston - 1920 - 1164 էջ
...which professes, or is intended, to carry intoexecution,an agreement, whether in writing or by parol, previously entered into, but which, by mistake of...draftsman, either as to fact or law, does not fulfil, or which violates the manifest intention of the parties to the agreement, equity will correct the mistake,... | |
 | Samuel Williston - 1920 - 1156 էջ
...or mortgage, and that upon his assurance that it was, it was then executed. The court while saying: "Where an instrument is drawn and executed, which professes, or is intended, to carry intoexecution.an agreement, whether in writing or by parol, previously entered into, but which, by... | |
 | Iowa. Supreme Court - 1922 - 1512 էջ
...in such a case, as stated by Story in his Equity Jurisprudence, Vol. 1 (13th Ed.), Section 115, is: "Where an instrument is drawn and executed which professes...which, 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... | |
 | 1922 - 1112 էջ
...and mortgages. The rule In such a case as stated by Story in his Equity Jurisprudence, § 115, is: "Where an instrument is drawn and executed which professes...which by mistake of the draftsman either as to fact or as to law does not fulfill that intention or violates it, equity will correct the mistake so as to... | |
 | 1922 - 1218 էջ
...country, including this court. Mr. Story, in his work on Equity Jurisprudence (4th Ed.) § 205, says : "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. 
