 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...  The South Western Reporter - Side 2081900Uten tilgangsbegrensning - Om denne boken
 | 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 - 1899 - 602 sider
...after making an agreement in the process of reducing it to written form, the instrument, by means of a mistake of law, fails to express the contract which...equity will interfere with the appropriate relief. * * * " To the same effect see, Stockridge Iron Co. v. Hudson Iron Works, 107 Mass. 290; Canedyv. Marcey,... | |
 | 1908 - 1282 sider
...in the process of reducing it to a written form, the instrument, by means of a mistake of law, falls to express the contract which the parties actually...the real contract was caused by a mistake of fact." Mr. Story in his work on Equitable Jurisprudence, { 115, states the rule applicable to such a case... | |
 | John Norton Pomeroy - 1879 - 682 sider
...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... | |
 | Irving Browne - 1893 - 608 sider
...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...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 - 1894 - 890 sider
...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...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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1895 - 776 sider
...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...mistake of fact. In this instance there is no mistake as.to the legal import of the contract actually made; but the mistake of law prevents the real contract... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1899 - 772 sider
...although both parties may have mistaken or misconceived its legal meaning, scope, and effect." But, " if, on the other hand, after making an agreement,...the real contract was caused by a mistake of fact." To that text the author cites abundance of authority. Indeed, the rule is so firmly established that... | |
 | Abraham Clark Freeman - 1899 - 996 sider
...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...mistake of fact In this instance, there Is no mistake a* to the legal Import of the contract actually made, but the mistake of law prevents the real contract... | |
 | 1904 - 1162 sider
...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...either by way of ! defense to its enforcement, or by cancella! tion, or by reformation, to the same extent : as if the failure of the writing to express... | |
 | 1905 - 1266 sider
...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...equity will interfere with the appropriate relief, cither by way of defense to its enforcement, or by cancellation or by reformation, to the same extent... | |
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