Commissioners of Lewes v. Breakwater Fisheries Co.
Court of Chancery of Delaware
1Opinion of the Court
The Chancellor.
The complainant’s case is constructed on the assumption that the new lease, by reason of mutual mistake, failed to correctly state the terms of the agreement made by the parties. That the new lease Correctly stated all of the terms agreed on, except one, is admitted. That one is that it did not provide for a surrender of the thousand feet of land embraced in the terms of the old lease.
In Cannon v. Collins, 3 Del. Ch. 132, 152, Chancellor Bates', in speaking of the powers of a court of equity, says:
“One of its most important powers is to reform contracts, where the parties, by…
2Cases cited26 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Gillespie v. MoonNew York Court of Chancery · 1817
- Griswold v. HazardSupreme Court of the United States · 1891
- Safe Deposit & Trust Co. v. Diamond Coal & Coke Co.Supreme Court of Pennsylvania · 1912
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3Cited by11 opinions
- Trounstine v. Remington Rand, Inc.Court of Chancery of Delaware · 1937
- Glass v. Newport Clothing Co.Supreme Court of Vermont · 1939
- Colvocoresses v. W. S. Wasserman Co.Court of Chancery of Delaware · 1939
- Stevens v. Acadia Dairies, Inc.Court of Chancery of Delaware · 1927
- Branch v. WaffordCourt of Appeals of Texas · 1923
6 more not listed; retrieve them via the Exa API.