Enos v. Stewart
California Supreme Court
The facts are stated in the opinion. George E. De Golia, and Clinton G. Dodge, for Appellant. The code provisions relating to the reformation of contracts make no distinction concerning the nature of the consideration, but give broad power to courts of equity in cases of mutual mistake. (Civ. Code, secs. 3399, 3401.) A deed of gift may be reformed in equity. (Powell v. Morisey, 98 N. C. 426;1 Hass v. Morris, 63 Pa.
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The facts are stated in the opinion. George E. De Golia, and Clinton G. Dodge, for Appellant. The code provisions relating to the reformation of contracts make no distinction concerning the nature of the consideration, but give broad power to courts of equity in cases of mutual mistake. (Civ. Code, secs. 3399, 3401.) A deed of gift may be reformed in equity. (Powell v. Morisey, 98 N. C. 426;1 Hass v. Morris, 63 Pa. St. 367.) Courts of equity have a wide discretion to give to parties the same beneficial result which would have flowed from the agreement had the mistake never existed. (Lestrade…
1Opinion of the Court
COOPER, C.
About the facts of this case there is no controversy. Louisa Stewart was the daughter of appellant, and the wife of defendant James Stewart, who will herein be called the respondent. She died on the twelfth day of November, 1900, intestate, leaving surviving her the appellant and the respondent as her sole heirs. She left certain real estate, which was her separate property. Prior to her death she had given to appellant all her money and personal property. She left no will and made no provision for respondent. A short time prior to her death she executed and delivered to appellant a…
2Cases cited8 opinions
- Chatham v. MillsCalifornia Supreme Court · 1902
- Powell v. . MoriseySupreme Court of North Carolina · 1887
- Shears v. WestoverMichigan Supreme Court · 1896
- James H. v. MarlowOhio Supreme Court · 1851
- Powell v. PowellSupreme Court of Georgia · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gaylord v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1946
- Gaylord v. CommissionerUnited States Tax Court · 1944
- Getty v. GettyCalifornia Court of Appeal · 1986
- Laundreville v. MeroMontana Supreme Court · 1929
- Turner v. NewellSupreme Court of Georgia · 1907
12 more not listed; retrieve them via the Exa API.