 The first is, 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 draftsman, either as to fact or...  Illustrative Cases on Equity Jurisprudence - Page 251by Archibald Hall Throckmorton - 1923 - 611 pagesFull view - About this book
 | United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 670 pages
...previously entered into, but which by mistake of the draftsman, either as to fact or law, does not fulfil or violates the manifest intention of the parties to...a conformity of the instrument to the agreement." They will compel " the delinquent party fully to perform bis agreement, according to the terms of it... | |
 | Georgia. Supreme Court - 1847 - 710 pages
...incontrovertible. The first is, that where an instrument is drawn and executed, which professes, and is intended, to carry into execution an agreement,...produce a conformity of the instrument to the agreement. The reason is obvious. The execution of agreements, fairly and legally entered into, is one of the... | |
 | Asa Kinne - 1852 - 736 pages
...entered into, but which, by mistake of the draughtsman, either as to fact or law, does not fulfil, or which violates the manifest intention of the parties...produce a conformity of the instrument to the agreement. The reason is obvious. The execution of agreements, fairly and legally entered into, is one of the... | |
 | Asa Kinne - 1852 - 358 pages
...which by mistake of the draftsman, in fact or in law, does not fulfil the intention of the parties, equity will correct the mistake, so as to produce a conformity of the instrument to the agreement. — Rogers v. 4/kinson, et al, 1 Kelly's R., p. 12. Ga. (1847.) DUTIES— OFFICIAL. Itr is i presumed,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1854 - 722 pages
...by parol, previously entered into, but which by the mistake of the draftsman, either in fact or in law, does not fulfill, or which violates, the manifest...a conformity of the instrument to the agreement." (See also 9 Paige, 188.) In this case, the words in the guaranty, " and agree that it is good," although... | |
 | Benjamin Robbins Curtis, United States. Circuit Court (1st Circuit) - 1857 - 724 pages
...previously entered into, but which, by mistake of the draftsman, either of fact or law, does not fulfil, or violates the manifest intention of the parties to...a conformity of the instrument to the agreement." Now here was a previous agreement to insure property of McKay's principal. The president of the Company... | |
 | Richard Peters - 1860 - 836 pages
...previously entered into, but which, by mistake of the draftsman, either in fact or law does not fulfil, or which violates the manifest intention of the parties...produce a conformity of the instrument to the agreement. Hunt v. Rousmanier's Adm'r., I Peters, 13. 43. The execution of instruments, fairly and legally entered... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1014 pages
...by mistake of the draftsman either as to fact or law, does not fulfil that intention or violates it, equity will correct the mistake so as to produce a conformity of the instrument." When there is a mistake in an agreement, it is unnecessary to go to a Court of equity to reform it... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 822 pages
...previously entered into, but which, by mistake of the draftsman, either as to fact or law, does not fufil, or which violates the manifest intention of the parties...produce a conformity of the instrument to the agreement. The reason is obvious. The execution of agreements fairly and legally entered into, is one of the peculiar... | |
 | Theophilus Parsons - 1868 - 702 pages
...entered into, but which, by mistake of the draughtsman, either of fact or law, does not fulfil, or violates the manifest intention of the parties to...a conformity of the instrument to the agreement." Where a mortgagee applied for insurance through a local agent of a company, intending to procure an... | |
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