... and 2. Where there has been a mistake of one party accompanied by fraud or other inequitable conduct of the remaining parties. In such cases the instrument may be made to conform to the agreement or transaction entered into according to the intention... The Pacific Reporter - Page 2201914Full view - About this book
| 1896 - 1148 pages
...Ene. Law, 720; 1 Ping. Chat Mortg. § 269; 2 Warv. Vend. p. 801. It is said, in Pom. Eq. Jur. § 1376: "Equity has jurisdiction to reform written instruments...other inequitable conduct of the remaining parties. In such cases the instrument may be made to conform to the agreement or transaction entered into, according... | |
| 1890 - 1134 pages
...that is, when there lias been a meeting of minds, an agreement actually entered into, butthecontract, deed, settlement, or other instrument, in its written...other inequitable conduct of the remaining parties. In such, cases the instrument may be made to conform to the agreement or transaction entered into according... | |
| 1914 - 1166 pages
...unilateral mistake the remedy is rescission. But a court of equity will reform a contract in the case of a mistake of one party accompanied by fraud or other inequitable conduct of the other party. 4 Pomeroy's Eq. Juris. (3d Ed.) § 1376." . See, also, Story on Eq. Juris. § 151, quoted... | |
| 1916 - 1052 pages
...in its written form, does not express what was really intended by the parties thereto ; and, second, where there has been a mistake of one party, accompanied...other inequitable conduct of the remaining parties. In such cases, the instrument may be made to conform to the agreement or transaction entered into,... | |
| 1890 - 1226 pages
...stipulation, contrary to the intention of both parties, and unde'r a mutual mistake; and (2) where there ha« been a mistake of one party, accompanied by fraud...other inequitable conduct of the remaining parties. But so great and obvious is thedangerof permitting the solemn engagements of parties, when reduced... | |
| 1918 - 1300 pages
...case a reformation should be granted. The relief was granted in the application of the rule that the mistake of one party, accompanied by fraud or other Inequitable conduct of the other party, may be good ground for the reformation of a written instrument, and Pomeroy's statement... | |
| 1889 - 952 pages
...Equity has jurisdiction to reform written instruments, first, where there is a mutual mistake; second, where there has been a mistake of one party accompanied...other inequitable conduct of the remaining parties. Jackson v. Magbee. 21 Ma. 622; Kilmer v. Smith, 77 NY 226; Albany Sav. Inst. v. Burdick, 87 NY 40;... | |
| 1889 - 1064 pages
...in its written form does not express what was really intended by the parties thereto; and, second, where there has been a mistake of one party, accompanied...other inequitable conduct of the remaining parties. In such cases the instrument maybe made to conform to the agreement or transaction entered into according... | |
| 1890 - 1144 pages
...insertion of a material stipulation, contrary to the intention of both parties, and under a mutual mistake; and (2) where there has been a mistake of one party,...other inequitable conduct of the remaining parties. But so great and obvious is the danger of permitting the solemn engagements of parties, when reduced... | |
| Emerson E. Ballard, Tilghman Ethan Ballard - 1892 - 832 pages
...insertion of a material stipulation, contrary to the intention of both parties, and under a mutual mistake; and (2) where there has been a mistake of one party...other inequitable conduct of the remaining parties. But so great and obvious is the danger of permitting the solemn engagements of parties, when reduced... | |
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