Boynton v. Strauss

Citations

• 33 Ohio C.C. Dec. 1
• 18 Ohio C.C. (n.s.) 229
• 1908 Ohio Misc. LEXIS 348

Syllabus

<p>REFORMATION OF INSTRUMENTS</p> <p>1. Clear and Convincing Evidence Required to Reform Written Instrument.</p> <p>Reformation of a written instrument can only be had on the production of clear and convincing evidence of the intention of the parties and of the mutuality of that intention with regard to some phase of their contract which their writing fails properly to express.</p> <p>2. Interpretation of Written Instrument Open to Two or More Interpretations.</p> <p>In construing a written instrument which is open to more than one interpretation such effect will be given to it as the conduct of the parties at the time of its execution indicates they intend it should have.</p>