Ackerlind v. United States
United States Court of Claims
On the Proofs. The Reporter's statement of the case:- The following are the facts of the case as found by the court: I. On March 2, 1905, a contract, in two parts, was entered into between the claimant’s decedent herein and the United States, acting by Lawrence G. Boggs, purchasing pay officer, Navy pay office, New York, for the transportation and delivery of coal at such place in the naval coal depot, Sangley Point, Manila Bay, P. I., as the commandant thereof may direct,…
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On the Proofs. The Reporter's statement of the case:- The following are the facts of the case as found by the court: I. On March 2, 1905, a contract, in two parts, was entered into between the claimant’s decedent herein and the United States, acting by Lawrence G. Boggs, purchasing pay officer, Navy pay office, New York, for the transportation and delivery of coal at such place in the naval coal depot, Sangley Point, Manila Bay, P. I., as the commandant thereof may direct, which said contract is set out in full in the statement preceding the opinion of the court on the question of the…
1Opinion of the CourtCampbell, Chief Justice
The first question presented for our consideration is that of reformation of the contract set out in the petition.
The right to reform a written instrument so as to make it speak the intention of the parties when by a mutual mistake of the parties the terms of the agreement between them are not correctly expressed in the instrument as written is unquestioned.
The reformation of written contracts for fraud or mistake is an ordinary head of equity jurisdiction. The rules which govern the exercise of this power are founded in good sense and are well settled. Where the agreement as reduced to…
2Cases cited53 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Whiteside v. United StatesSupreme Court of the United States · 1876
- Clark v. United StatesSupreme Court of the United States · 1877
- Barnard v. KelloggSupreme Court of the United States · 1871
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3Cited by1 opinion
- WRB Corp. v. United StatesUnited States Court of Claims · 1968