American Law Reports Annotated, Svazek 44Lawyers Co-operative Publishing Company, 1926 |
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Strana 73
... mistake of the scrivener , does not express the mutual intent of the par- ties , may reform it voluntarily as effectively as if reformation was de- creed in an action in equity . [ See 23 R. C. L. 354. ] APPEAL by defendants from a ...
... mistake of the scrivener , does not express the mutual intent of the par- ties , may reform it voluntarily as effectively as if reformation was de- creed in an action in equity . [ See 23 R. C. L. 354. ] APPEAL by defendants from a ...
Strana 74
... mistake in description of land has been made in a deed , it cannot be corrected if the rights of persons acting in good faith , without notice , have intervened , and they have parted with value or assumed a liabil- ity . Hewitt v ...
... mistake in description of land has been made in a deed , it cannot be corrected if the rights of persons acting in good faith , without notice , have intervened , and they have parted with value or assumed a liabil- ity . Hewitt v ...
Strana 75
... mistake as to the legal effect of the contract , or the fact that its legal effect is different from that intended , is not ground for reformation of the contract in a court of equity . Andrus v . Blazzard , 23 Utah , 233 , 54 L.R.A. ...
... mistake as to the legal effect of the contract , or the fact that its legal effect is different from that intended , is not ground for reformation of the contract in a court of equity . Andrus v . Blazzard , 23 Utah , 233 , 54 L.R.A. ...
Strana 79
... mistake or fraud , or the com- bination of both fraud and mistake , to express the real agreement or inten- tion of the parties ; but the court in the exercise of this jurisdiction pro- ceeds with utmost caution , and acts more ...
... mistake or fraud , or the com- bination of both fraud and mistake , to express the real agreement or inten- tion of the parties ; but the court in the exercise of this jurisdiction pro- ceeds with utmost caution , and acts more ...
Strana 81
... mistake in a contract may be reformed , though the contract is in the hands of a bona fide assignee without notice of the mistake . See Klatt v . Dummert ( 1897 ) 70 Minn . 467 , 73 N. W. 404 ; Massey v . Lindeni ( 1906 ) 98 Minn . 133 ...
... mistake in a contract may be reformed , though the contract is in the hands of a bona fide assignee without notice of the mistake . See Klatt v . Dummert ( 1897 ) 70 Minn . 467 , 73 N. W. 404 ; Massey v . Lindeni ( 1906 ) 98 Minn . 133 ...
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action alleged amount annotation appeared appellant arrest assets Bank bona fide purchaser bond breach buyer capital stock cent charge claim contract price corporation court held court of equity covenant creditors deed defendant defendant's difference eminent domain encumbrance equity evidence executor fact fendant grantee holders injury judgment jury land liable lien liquor Lumber manufactured market price market value measure of damages ment mortgage N. J. Eq N. Y. Supp National Surety Co negligence nominal damages notice officer paid party payment person place of delivery plaintiff plaintiff in error preferred stock purchaser question R. C. L. Supp reason received reduction reformed refused resale rule sell seller seller's damages shares sold statute stockholders supra tion tort tract trial trust
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Strana 477 - Ix'fore the district court (a trial by jury having been waived), and after hearing the evidence presented by plaintiff, Gramm (the defendant introducing none), the court found as follows: "And the court, being fully advised in the premises, finds that there Is due from the said defendant to the said plaintiff the sum of $22.20, together with interest on said sum from the 3d day of December, 1895,— being the amount...