Hathaway v. Brady

Citations

• 23 Cal. 121

Syllabus

<p>A Court of Equity may supply an omission in a promissory note, fixing the rate of interest, so as to make it correspond with the intention of the parties. Parol evidence may be introduced for the purpose of showing what were the words omitted, and that they were omitted by mistake, but such evidence should clearly and fully establish the fact. ;</p> <p>The statutjs which requires that a contract, for a greater rate of interest than ten per cent, per annum, shall be in writing, does not prevent a Court of Equity from correcting mistakes as to the rate of interest, in contracts for the payment of money, although by such correction the rate of interest be made to exceed ten per cent, per annum.</p>