Bartle v. Vosbury

The facts sufficiently appear in the opinion of the court, delivered

by Thompson, J.

Every case calling for the reformatory action of courts, although variant in point of fact, to an indefinite degree, must be tested by some fixed principles or rules. Eraud, accident or mistake, is the general principle standing at the threshold of almost every such undertaking, and when either is clearly made to appear, the instrument may be made to conform to the ascertained intent of the parties to it.

As this result is often, if not always to be arrived at through the medium of parol evidence in conflict…