Vary v. Shea
Michigan Supreme Court
Appeal iu Chancery from Calhoun Circuit. A court of equity, in order to ascertain and carry out the intention of parties to a particular transaction, will look at their situation and the whole transaction between them: Frink ■ v. Cole, 10 III., 339. To enable a court of' equity, upon the ground of mistake, to reform a written contract, the mistake must be proved to be the mistake of both parties, so that by correcting the writing as requested, the court will make it express…
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Appeal iu Chancery from Calhoun Circuit. A court of equity, in order to ascertain and carry out the intention of parties to a particular transaction, will look at their situation and the whole transaction between them: Frink ■ v. Cole, 10 III., 339. To enable a court of' equity, upon the ground of mistake, to reform a written contract, the mistake must be proved to be the mistake of both parties, so that by correcting the writing as requested, the court will make it express the contract designed to be entered into by both. Where there has been no fraud or surprise to put the applicant for…
1Opinion of the Court
Cooley, Ch. J:
The purpose of this suit is to obtain the reformation of a contract into which it is alleged an error has crept through mistake.
‘ The contract bears date April 5, 1812. To an understanding of the alleged mistake it will be necessary to state the facts respecting which the parties were then in negotiation.
The defendant John Shea was the owner of three parcels of land in Calhoun county, the value of which is estimated at from twelve to fourteen thousand dollars, and which were encumbered to the amount of about eleven thousand dollars by mortgages, known as the Reed mortgage, *391the…
2Cases cited2 opinions
- Paddack v. PardeeMichigan Supreme Court · 1850
- Youell v. AllenMichigan Supreme Court · 1869
3Cited by26 opinions
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- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Wonderland Shopping Center Venture Limited Partnership, MacOmb Mall Associates Limited Partnership v. CDC Mortgage Capital, Inc.Court of Appeals for the Sixth Circuit · 2001
- Negaunee Iron Co. v. Iron Cliffs Co.Michigan Supreme Court · 1903
- Plano Manufacturing Co. v. EllisMichigan Supreme Court · 1888
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