Able v. Union Insurance
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was an action on a policy of insurance on the freight list of the steamboat Australia from St. Louis to Port Pierre, on the Missouri river. The policy was made out “ against the absolute total loss of the boat by burning or sinking.”
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Error to St. Louis Court of Common Pleas. This was an action on a policy of insurance on the freight list of the steamboat Australia from St. Louis to Port Pierre, on the Missouri river. The policy was made out “ against the absolute total loss of the boat by burning or sinking.” The prayer of the petition was twofold; first, for a reformation of the policy by making it declare the insurance to be “ against absolute total loss only,” and secondly, for judgment as for a total loss. The case was tried by the court sitting as a jury. The court found the facts and rendered judgment thereon for…
1Opinion of the CourtScott, Judge
It is a well settled rule that no written agreement will be reformed unless the evidence produced to show the mistake is clear and satisfactory. It would seem to follow, as a consequence from this principle, that the party seeking to correct a mistake in the terms of a written contract should state in plain and precise language the contract as it was made and understood hy those who are to be bound by it. The evidence in support of a contract can scarcely be clear and satisfactory when the terms of the contract themselves are doubtful and uncertain. In the amended petition it is averred that…
2Cited by2 opinions
- Modrell v. RiddleSupreme Court of Missouri · 1884
- Sawyer v. BurrisMissouri Court of Appeals · 1909