 If, on the other hand, after making an agreement, in the process of reducing it to a written form, the instrument, by means of a mistake of law, fails to express the contract which the parties actually entered into, equity will interfere, with the appropriate...  Reports of Cases in the Supreme Court of Nebraska - Page 143by Nebraska. Supreme Court - 1905Full view - About this book
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1899 - 602 pages
...Equity, Section 845, in is said: "If * * * after making an agreement in the process of reducing it to written form, the instrument, by means of a mistake...equity will interfere with the appropriate relief. * * * " To the same effect see, Stockridge Iron Co. v. Hudson Iron Works, 107 Mass. 290; Canedyv. Marcey,... | |
 | Law reports, digests, etc - 1908 - 1282 pages
...in his work on Equitable Jurisprudence, § 854, states the rule applicable to such cases as follows: "If, on the other hand, after making an agreement,...form, the instrument, by means of a mistake of law, falls to express the contract which the parties actually entered into, equity will interfere with the... | |
 | John Norton Pomeroy - Contracts - 1879 - 682 pages
...the process of reducing such agreement to a written form, the writing, by means of a mistake of the law, fails to express the contract which the parties actually entered into, equity will interfere to reform it or to prevent its enforcement, to the same extent as if the failure of the writing to... | |
 | John Norton Pomeroy - Equitable remedies - 1882 - 844 pages
...be, equity would not interfere with it because the parties had mistaken its legal import and effect. If, on the other hand, after making an agreement, in the process of reducing it to я written form, the instrument, by means of a mistake of laiv, fails to express the contract which... | |
 | Law reports, digests, etc - 1902 - 1178 pages
...be, equity would not interfere with it because the parties had mistaken its legal import and effect. If, on the other hand, after making an agreement,...form, the instrument, by means of a mistake of law, falls to express the contract which the parties actually entered into, equity will Interfere with the... | |
 | Law reports, digests, etc - 1900 - 1312 pages
...writing, such terms were Included. As to this class of cases the same author says, In section 845: "If, on the other hand, after making an agreement,...reducing It to a written form the Instrument, by means of mistake of law, fails to express the contract which the parties actually entered into, equity will... | |
 | Law reports, digests, etc - 1906 - 1068 pages
...be. equity would not Interfere with It because the parties had mistaken its legal Import and effect If, on the other hand, after making an agreement In the process of reducing it to a written form, thé Instrument, by means of a mistake of Jaw, fails to express the contract -which the partios actually... | |
 | Irving Browne - Evidence (Law) - 1893 - 608 pages
...will correct the mistake, so as to produce a conformity to the instrument.' I Story Eq. Jur. § 115. 'If on the other hand, after making an agreement,...of defense to its enforcement or by cancellation or reformation, to the same extent as if the failure of the writing to express the real contract was caused... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1894 - 890 pages
...mistake, so as to produce a conformity to the intention." 1 Story, Equity Jurisprudence, section 115. "If, on the other hand, after making an agreement,...of defense to its enforcement or by cancellation or re-formation, to the same extent as if the failure of the writing to express the real contract was... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1899 - 772 pages
...although both parties may have mistaken or misconceived its legal meaning, scope, and effect." But, " if, on the other hand, after making an agreement,...reducing it to a written form the instrument, by means of mistake of law, fails to express the contract which the parties actually entered into, equity will... | |
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