 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...the rule recognized in Wintermtite v. Snyder, 2 Gr. Ch. 500, that, where an instrument is drawn and executed which professes or is intended to carry into...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 - Law reports, digests, etc - 1837 - 670 pages
...skew v. Odenheimer.] trovertible, Hunt v. Rousmanier, 1 Peters 13: "Where an instrument is drawn and executed, which professes or 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 - Equity - 1839 - 658 pages
...parties had agreed on, that would have formed a very different case; for where an instrument is drawn and executed, which professes, or is intended to carry...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... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 688 pages
...parties under a mistake of the law. Where an instrument is drawn and executed, which professes and is intended to carry into execution an agreement previously...but which by mistake of the draftsman either as to facts or law does not fulfill that intention, or violates it, equity will correct the mistake so as... | |
 | Georgia. Supreme Court - Equity - 1847 - 710 pages
...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...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 the... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...general principles, we hold to be incontrovertible. The first is, that where an instrument is drawn and executed, which professes, or 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 - Law reports, digests, etc - 1854 - 722 pages
...1,) the principle is stated thus, " It is a principle of equity, that when an instrument is drawn and executed, which professes or 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) - Law reports, digests, etc - 1857 - 724 pages
...Rousmanier a position is laid down which precisely covers this point. " Where an instrument is drawn and executed, which professes, or 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 - Equity - 1860 - 634 pages
...had agreed on, that would have formed a very different case ; for where an instrument is drawn and executed, which professes, or is intended to carry...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 - Law reports, digests, etc - 1860 - 836 pages
...Wheat. 237; 6 Cond. Rep. 287. 42. It is a principle of equity, that, when an instrument is drawn and executed, which professes, or 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... | |
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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. 
