Fehlberg v. Cosine
Supreme Court of Rhode Island
Bills in Equity to reform a written contract and to enjoin actions at law.
1Opinion of the CourtStiness, J.
In order to entitle a party to a decree to reform a written instrument, it must appear that there has been a mutual mistake in its execution. Bradford v. Romney, 30 Beav. 431; Metropolitan Counties Society v. Brown, 26 Beav. 454; Nevius v. Dunlap, 33 N. Y. 676 ; Lyman v. United Insurance Co. 17 Johns. Rep. 373; Ludington v. Ford, 33 Mich. 123; Paulison v. Van Iderstine, 28 N. J. Eq. 306.
The rule and the reasons upon which it rests are clearly stated by Ames, C. J., in Diman v. Providence, Warren & Bristol R. R. Co. 5 R. I. 130 : “ A court of equity has no power to alter or reform an agreement…
2Cases cited4 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Nevius v. . DunlapNew York Court of Appeals · 1865
- Spurr v. BenedictMassachusetts Supreme Judicial Court · 1868
- Ludington v. FordMichigan Supreme Court · 1876
3Cited by6 opinions
- St. Nicholas Church v. KroppSupreme Court of Minnesota · 1916
- School District of Scottsbluff v. Olson Const. Co.Nebraska Supreme Court · 1950
- Murray v. SandersonWashington Supreme Court · 1911
- Little v. WebsterNew York Supreme Court · 1888
- Lewis v. WillardLouisiana Court of Appeal · 1920
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