Cox v. Woods
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Sacramento. The action was brought to reform a promissory note, and for judgment thereon as reformed. The remaining facts are stated in the opinion.
1Opinion of the Court
Belcher, C. C.
Before a written instrument can be reformed, on the ground that there was a mistake in drafting it, the evidence that there was a mistake should be clear, satisfactory, and free from reasonable doubt. (Wachendorf v. Lancaster et al., 61 Iowa, 509.)
The power of courts of equity to reform written instruments is one in the exercise of which great caution should be observed. To justify the court in changing the language of the instrument Sought to be reformed, in the absence of fraud, it must be established that both parties agreed to something different from what is expressed in…
2Cases cited2 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Wachendorf v. LancasterSupreme Court of Iowa · 1883
3Cited by8 opinions
- Ward v. WatermanCalifornia Supreme Court · 1890
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Houser v. AustinIdaho Supreme Court · 1886
- Christopher St. R. Co. v. . 23d St. R. Co.New York Court of Appeals · 1896
- Home Fire Insurance v. WoodNebraska Supreme Court · 1897
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