Legal Opinion
Kelley v. Spencer
Supreme Court of Alabama
Decided October 22, 1925No. 2 Div. 868PublishedCited by 7 opinions
1Opinion of the CourtSomerville, J.
“To authorize the reformation of a contract which has been reduced to writing and signed, the proof must be clear, exact, and satisfactory — first, that the writing does not- truly express the intention of the parties — that on which their two minds had agreed; and, second, what it was the parties had intended the-writing should express. Guilmartin v. Urquhart, 82 Ala. 571, 1 So. 897.
In White v. Henderson-Boyd Co., 165 Ala. 218, 51 So. 764, we said:
“To entitle a complainant to such relief it is incumbent on him to show, by clear, exact, and convincing proof that the intention and agreement he…
2Cases cited12 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Holland Blow Stave Co. v. BarclaySupreme Court of Alabama · 1915
- Hammer v. LangeSupreme Court of Alabama · 1911
- Andrews v. TuckerSupreme Court of Alabama · 1900
- Bell v. BlackshearSupreme Court of Alabama · 1921
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kelsoe v. International Wood Products, Inc.Supreme Court of Alabama · 1991
- O'Rear v. O'RearSupreme Court of Alabama · 1929
- Gregory v. HardyCourt of Civil Appeals of Alabama · 1974
- Hyatt v. OgletreeAlabama Court of Appeals · 1942
- Brumfield v. HallSupreme Court of Alabama · 1926
2 more not listed; retrieve them via the Exa API.