 | Joseph Story - 1839 - 658 sider
...in cases of written agreements, where there has been an innocent omission or insertion of a material stipulation, contrary to the intention of both parties,...under a mutual mistake. To allow it to prevail in such a case, would be to work a surprise, or fraud, upon both parties ; and certainly upon the one who is... | |
 | 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 - 1866 - 724 sider
...stipulation which he claims should be omitted or inserted in the instrument, was omitted or inserted contrary to the intention of both parties, and under a mutual mistake. (Id., 155.) It is not enough to show that he made a mistake himself; that, through inadvertence and... | |
 | 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 - 1875 - 674 sider
...stipulation which he claims should be omitted or inserted in the instrument, was omitted or inserted contrary to the intention of both parties, and under a mutual mistake." To the same effect are the following authorities: Story Eq., sees. 152157 ; Waterman v. Dutton, 6 Wis.... | |
 | Canada law reports - 1880 - 748 sider
...those he entrusted had done as they promised. As I can discover no omission or insertion of a material stipulation contrary to the intention of both parties and under a mutual mistake, and, therefore, nothing to reform, I think the appeal should be dismissed with costs of appeal. Appeal... | |
 | 1886 - 884 sider
...cases of written agreements, \vhere there has been an innocent omission or insertion of a material stipulation, contrary to the intention of both parties...case at bar as to require no comment: 1 Story's Eq. Jur., 4th ed., sees. 153-155, p. 17G, note 2, and authorities cited. The case before us is briefly... | |
 | Joseph Story - 1886 - 838 sider
...in cases of written agreements where there has been an innocent omission or insertion of a material stipulation contrary to the intention of both parties...and under a mutual mistake. To allow it to prevail Clinan v. Cooke, 1 Sch. & Lefr. 32, &c. See Sugden on Vendors, pp. 146 to 159 (7th edit.) ; Andrews... | |
 | 1890 - 1144 sider
...classes of cases only, viz. : (1) Where there has been an innocent omission or insertion of a material stipulation, contrary to the intention of both parties, and under a mutual mistake; and (2) where there has been a mistake of one party, accompanied by fraud or other inequitable conduct... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - 1892 - 832 sider
...classes of cases only, viz: (1) Where there has been an innocent omission or insertion of a material stipulation, contrary to the intention of both parties, and under a mutual mistake; and (2) where there has been a mistake of one party accompanied by fraud or other inequitable conduct... | |
 | Irving Browne - 1893 - 608 sider
...classes of cases only, viz. : (i) Where there has been an innocent omission or insertion of a material stipulation contrary to the intention of both parties, and under a mutual mistake; and (2) where there has been a mistake of one party accompanied by fraud or other inequitable conduct... | |
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It is upon the same ground that Equity interferes in cases of written agreements, where there has been an innocent omission or insertion of a material stipulation, contrary to the intention of both parties, and under a mutual mistake. 
