Commissioners of Lewes v. Breakwater Fisheries Co.

The' Chancellor.

The bill seeks to-reform a written lease of land between the parties to the case because by mistake it • was not the contract agreed upon by the parties.

In this State the jurisdiction of a court of equity to correct mistakes of fact by reforming the contract, though in 'wfithg,'" has been exercised in several cases. If through mistake a provision^ of an agreement intended to be inserted therein has been omitted,, equity will reform the instrument, Marshall v. Rench, 3 Del. Ch. 239, 257; even when this is the sole object of the bill and the pur-;, pose of the complainant is to…