Legal Opinion

German American Insurance v. Davis

Massachusetts Supreme Judicial Court

Decided June 30, 1881PublishedCited by 20 opinions

Bill in equity, filed October 14, 1879, to reform certain indorsements made by the plaintiff upon two policies of insurance issued by it to Emma L. Putney. Hearing before Soule, J., who, at the request of the parties, reserved the case for the consideration of the full court. The facts appear in the opinion.

1Opinion of the CourtMorton, J.

To justify a court of chancery in correcting and reforming a written contract entered into deliberately, so as to make it conform to an alleged oral contract differing in terms, the proofs of mutual mistake must be full, clear and decisive. *317It must appear beyond reasonable doubt that the precise terms of a contract had been orally agreed upon between the parties, and that the written instrument afterwards signed fails to be, as it was intended, an execution of the previous agreement, but expresses a different contract; and that this is the result of a mutual mistake. Otherwise, if a contract…

2Cases cited1 opinion

  1. Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871

3Cited by20 opinions

  1. Superintendent of Worcester State Hospital v. HagbergMassachusetts Supreme Judicial Court · 1978
  2. Kidder v. GreenmanMassachusetts Supreme Judicial Court · 1933
  3. Page v. HigginsMassachusetts Supreme Judicial Court · 1889
  4. Mickelson v. BarnetMassachusetts Supreme Judicial Court · 1984
  5. Barrell v. BrittonMassachusetts Supreme Judicial Court · 1925

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