 | Joseph Story - 1839 - Страниц: 658
...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...contrary is established beyond reasonable controversy. 2 § 153. It has, indeed, been said, that where there is a written agreement, the whole sense of the... | |
 | James Philemon Holcombe - 1846 - Страниц: 376
...excludes the admission of parol evidence, to vary or control written contracts ? The written paper is treated as a full and correct expression of the intent,...contrary is established beyond reasonable controversy. As the rule was formed to suppress frauds, and to promote general good faith, it would seem a proper... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - 1847 - Страниц: 724
...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.... | |
 | Joseph Story - 1853 - Страниц: 890
...Equity will reform the contract, so as to make it conformable to the precise intent of the parties.3 But if the proofs are doubtful and unsatisfactory, and...contrary is established beyond reasonable controversy.* 1 See Jeremy on Eq. Jurisd. B. 3, Pt. 2, p. 358; Okill c. Whittaker, 1 De Gex & Smale, R. 83; SC 2 Phil.... | |
 | Florida. Supreme Court - 1855 - Страниц: 834
...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 - 1864 - Страниц: 670
...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...be treated as a full and correct expression of the contract, until the contrary Gelpcke, Winslow &. Co. v. Blake. is established beyond reasonable controversy.... | |
 | Joseph Story - 1866 - Страниц: 860
...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...until the contrary is established beyond reasonable controversy.8 § 153. It has, indeed, been said, that where there is a written agreement, the whole... | |
 | 1867 - Страниц: 588
...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...contrary is established beyond reasonable controversy (Gillespy v. Moon, 2 Johns. Ch., 585 ; Lyinan v. United States Ins. Co., Id., 630 ; Marquis of Townshend... | |
 | Austin Abbott - 1867 - Страниц: 584
...mistake is clearly made out, by proofs entirely satisfactory, the court will withhold relief, upon (he ground that the written paper ought to be treated...contrary is established beyond reasonable controversy (Gillespy v. Moon, 2 Johns. Gfi., 585; Lyman v. United States Ins. ۥ>., Id., 630; Marquis pf Townshend... | |
 | Anthony L. Robertson - 1867 - Страниц: 782
...clearly made out, by proof entirely satisfactory, the court will withhold relief upon the principle that the written paper ought to be treated as a full and correct expression of the intent of the parties, until the contrary is established beyond reasonable controversy. ii 20. A mistake of... | |
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Story says, if the mistake is made out of proofs entirely satisfactory, equity will reform the contract so as to make it conform to the precise intent of the parties; but if the proofs are doubtful and unsatisfactory, and the mistake is not made entirely... 
