 But if the proofs are doubtful and unsatisfactory, and the mistake is not made entirely plain, equity will withhold relief, upon the ground that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is...  Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin - Page 333by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1880Full view - About this book
 | Joseph Story - Equity - 1839 - 658 pages
...Equity will reform the contract, so as to make it conformable to the precise intent of the parties. But if the proofs are doubtful and unsatisfactory, and...ground, that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is established beyond reasonable controversy.... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - Law reports, digests, etc - 1847 - 724 pages
...satisfactory, equity will reform the contract, so as to make it conformable to the intent of the parties ; but if the proofs are doubtful and unsatisfactory, and...made entirely plain, equity will withhold relief, on the ground that the writing ought to be treated as the best evidence of their intent." 1 Eq. Jur.... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1855 - 834 pages
...equity will reform the contract so as to make it conformable to the precise intent of the parties. But if the proofs are doubtful and unsatisfactory, and...upon the ground that the written paper ought to be taken as a full and correct expression of the intent, until the contrary is established beyond reasonable... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1864 - 670 pages
...concur in the strictness and difficulty of the proof." And see Ring v. Ashworth et al, 3 Iowa, 352. If the proofs are doubtful and unsatisfactory and...ground that the written paper ought to be treated as a full and correct expression of the contract, until the contrary Gelpcke, Winslow &. Co. v. Blake.... | |
 | Joseph Story - Equity - 1866 - 860 pages
...equity will reform the contract, so as to make it conform to the precise intent of the parties.1 But if the proofs are doubtful and unsatisfactory, and...ground, that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is established beyond reasonable controversy.8... | |
 | Anthony L. Robertson - Law reports, digests, etc - 1867 - 782 pages
...great caution, and unless the mistake is clearly made out by proof entirely satisfactory, the court will withhold relief, upon the ground that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is established beyond reasonable i... | |
 | Civil procedure - 1867 - 588 pages
...great c-iution ; and unless the mistake is clearly made out, by proofs entirely satisfactory, the court will withhold relief, upon the ground that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is established beyond reasonable controversy... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1877 - 644 pages
...is against the policy of the law to allow parol evidence to add to or vary it as a general rule. But if the proofs are doubtful and unsatisfactory and the mistake is not made entirely plain, relief will be withheld upon the ground that the written paper must be treated as the full and correct... | |
 | Joseph Brown Heiskell - Law reports, digests, etc - 1870 - 882 pages
...The case must be made out by proofs entirely satisfactory, says Mr. Justice Story. " For," said he, "if the proofs are doubtful and unsatisfactory, and...ground that the written paper ought to be treated as a full and correct expression of the intent, until the contrary is established beyond reasonable controversy.... | |
 | Joseph Story - Equity - 1870 - 948 pages
...equity will reform the contract, so as to make it conformable to the precise intent of the parties.8 But if the proofs are doubtful and unsatisfactory, and...relief; upon the ground, that the written paper ought 1 Cited in Mortimer v. Capper, 1 Bro. Ch. 158 ; 6 Ves. 24 ; 1 Mad. Eq. Pr. 63 ; 1 Fonbl. Eq. B. 1,... | |
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