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

  1. Shriner v. CraftSupreme Court of Alabama · 1910
  2. Holland Blow Stave Co. v. BarclaySupreme Court of Alabama · 1915
  3. Hammer v. LangeSupreme Court of Alabama · 1911
  4. Andrews v. TuckerSupreme Court of Alabama · 1900
  5. Bell v. BlackshearSupreme Court of Alabama · 1921

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Kelsoe v. International Wood Products, Inc.Supreme Court of Alabama · 1991
  2. O'Rear v. O'RearSupreme Court of Alabama · 1929
  3. Gregory v. HardyCourt of Civil Appeals of Alabama · 1974
  4. Hyatt v. OgletreeAlabama Court of Appeals · 1942
  5. Brumfield v. HallSupreme Court of Alabama · 1926

2 more not listed; retrieve them via the Exa API.

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