HEARNE v. MARINE INSURANCE COMPANY


87 U.S. 488 (____)

20 Wall. 488

HEARNE v. MARINE INSURANCE COMPANY.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Walter Curtis, for the appellant; Mr. H.C. Hutchins, contra.


Mr. Justice SWAYNE, having stated the case, delivered the opinion of the court.

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 writing omits or contains terms or stipulations contrary to the common intention of the parties, the instrument will be corrected so as to make it conform...

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