James v. Bank of the State of Alabama

Citations

• 17 Ala. 69

Syllabus

<p>1. A court of chancery will not specifically enforce a contract or agreement founded in mutual mistake, when it would materially affect the rights of the defendant.</p> <p>2. Equity looks rather to the «pirifc and intention of the parties than to the words in which a contract or agreement is expressed, apd will give such construction to it as is consistent with that intent and the equity of the case.</p>