Jones v. Hoard
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. David W. Carrole, Chancellor. 1. The court erred in reforming the lease. Courts of equity cannot make contracts for parties—they can only remodel them, where it is clear that the intention of the parties was different from that expressed in the writing. Courts will reform only for mistake, inadvertence or fraud. 20 Am. & Eng. Enc. Daw, p. 713 ; ib. p. 720; 54 Wis. 311; 5 Abb. (N. Y.), 246; 21 Ala. 252; 56 Iowa, 611 ; 1 Humph.
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Appeal from Pulaski Chancery Court. David W. Carrole, Chancellor. 1. The court erred in reforming the lease. Courts of equity cannot make contracts for parties—they can only remodel them, where it is clear that the intention of the parties was different from that expressed in the writing. Courts will reform only for mistake, inadvertence or fraud. 20 Am. & Eng. Enc. Daw, p. 713 ; ib. p. 720; 54 Wis. 311; 5 Abb. (N. Y.), 246; 21 Ala. 252; 56 Iowa, 611 ; 1 Humph. (Tenn.), 431; 7 Paige (N. Y.), 137; 24 Wis. 496; 1 Pet. (U. S.), p. 1; 6 Ore. 193; 49 Ark. 429; Bisph. Eq. sec. 469; 46 Ark. 174-5;…
1Opinion of the CourtBatteE, J.
This action was brought in the Pulaski chancery court by Jackson Hoard against George E. Jones to cancel a lease by which Hoard demised to Jones a certain town lot in the city of Little Rock, for three years from the first day of May, 1888, at the annual rent of $24, payable quarterly ; and to restrain the lessee from erecting costly improvements on the demised premises.
The lease was executed in duplicate, and each party retained a counterpart. By the terms of it the lessee was permitted to build five fences and dig a well on the lot, and the lessor ag-reed that one-half of the rent should be…
2Cases cited1 opinion
- Lewis v. PaynCourt for the Trial of Impeachments and Correction of Errors · 1827
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