Thompsonville Scale Manufacturing Co. v. Osgood
Supreme Court of Connecticut
This was a petition in chancery, praying for the reformation of a contract; and an injunction against the prosecution of an action at law. The superior court, (Hartford county, December'term, 1856,) made a decree amending the contract and enjoining the respondent according to the prayer of the petition. The respondent then brought the record before this court by motion in error.
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This was a petition in chancery, praying for the reformation of a contract; and an injunction against the prosecution of an action at law. The superior court, (Hartford county, December'term, 1856,) made a decree amending the contract and enjoining the respondent according to the prayer of the petition. The respondent then brought the record before this court by motion in error. The opinion of the court can be sufficiently understood without a statement of the facts of the case, which would occupy several pages.
1Opinion of the CourtStorrs, C. J.
Apart from the alleged existence in their written agreement, of such a mistake as equity ought to correct by a reformation of the-instrument, no reason for the petitioners’ resort to chancery appears of record. It follows, that unless the error of the contract is properly exhibited in the bill, and established by the decree, nothing remains to *17support the judgment of the superior court; inasmuch as we do not sanction the idea, that, because an injunction may, as a mere remedy, be granted, at the discretion of the subordinate tribunal, after an equitable case has been made out, the exercise of…
2Cited by13 opinions
- Citizens' National Bank v. JudyIndiana Supreme Court · 1896
- Holt v. WissingerSupreme Court of Connecticut · 1958
- Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
- Coleman v. ColemanSupreme Court of Iowa · 1911
- Fayerweather v. MonsonSupreme Court of Connecticut · 1892
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