 | New Jersey. Court of Chancery - 1878 - 738 páginas
...security was given It is within the rule recognized in Wintermtite 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... | |
 | United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 670 páginas
...supreme court lay down as incon[A skew v. Odenheimer.] trovertible, Hunt v. Rousmanier, 1 Peters 13: "Where an instrument is drawn and executed, which...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... | |
 | Joseph Story - 1839 - 658 páginas
...that it did not contain what the parties had agreed on, that would have formed a very different case; for where an instrument is drawn and executed, which...by mistake of the draftsman, either as to fact or to law, does not fulfil that intention, or violates it, Equity will correct the mistake, so as to produce... | |
 | Georgia. Supreme Court - 1847 - 710 páginas
...which professes, and 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 law, does not fulfill, or which violates, the manifest intention of the parties to the agreement, equity will correct... | |
 | Asa Kinne - 1852 - 736 páginas
...written instrument), which, as general principles, we hold 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 parole, previously entered into, but which, by mistake of the draughtsman,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1854 - 722 páginas
...Administrator, (1 Peters, 1,) the principle is stated thus, " It is a principle of equity, that when an instrument is drawn and executed, which professes...is intended to carry into execution an agreement, whether by writing, or by parol, previously entered into, but which by the mistake of the draftsman,... | |
 | Benjamin Robbins Curtis, United States. Circuit Court (1st Circuit) - 1857 - 724 páginas
...Hi/nde, I Peters, 241. In Hunt v. Rousmanier a position is laid down which precisely covers this point. " 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... | |
 | Mercer Beasley - 1860 - 634 páginas
...that it did not contain what the parties had agreed on, that would have formed a very different case ; for where an instrument is drawn and executed, which...execution an agreement previously entered into, but which, Viy mistake of the draftsman, either as to fact or to law, VOL. i. p Green 0. Morris and Essex Railroad... | |
 | Richard Peters - 1860 - 836 páginas
...closed. Perkins v. Hart, 11 Wheat. 237; 6 Cond. Rep. 287. 42. It is a principle of equity, that, when 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... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 674 páginas
...agreed on, that would have proved a very different case : for where Curtis and others against Leavitt. an instrument is drawn and executed, which professes...but which, by mistake of the draftsman, either as to the fact or the law, does not fulfill that intention or violates it, equity will correct the 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. 
