Jacobs v. Parodi

Citations

• 50 Fla. 541

Syllabus

<p>1. Where an agreement has been actually entered into, but the contract, deed or other instrument, in its written form, does not express what was really intended by the parties thereto, equity has jurisdiction to reform the written instrument so as to make it conform to the intention, agreement and understanding of all the parties.</p> <p>2. If a written contract is ambiguous or obscure in its terms so that the contractual intention of the parties cannot be understood from a mere inspection of the instrument, extrinsic evidence of the subject-matter of the contract, of the relations of the parties to each other, and of the facts and circumstances surrounding them when they entered into the contract, may be received to enable the court to make a proper interpretation of the instrument.</p> <p>3. Where a deed conveying title to land and reserving to the grantor the timber thereon to be removed one half in five years and the other half in ten years, also contains a covenant that the grantor “will cut the pine trees off of such parts of the said lands required by the” grantee “for improvements,” and it is not made clear by the- deed how much of said land was agreed upon as required for such improvements, a court of equity has the power upon proper allegations and proof to reform the deed so as to make it express the real agreement of the parties as entered into by them.</p> <p>i. Where a bill for the reformation of a written instrument sufficiently states the agreement of the parties, and alleges the mistake of the scrivener in omitting to fully or sufficiently set forth the agreement in the written instrument, and alleges that the complainants executed the instrument in the belief that it did amply set forth the agreement of the parties when in reality it does not fully contain such agreement, and states the injury to the complainants, and no negligence of the complainants is shown, a demurrer to the bill, on the ground that it is without equity, is properly overrule