Mercantile Insurance Co. v. Jaynes

Citations

• 87 Ill. 199

Syllabus

<p>1. Parol evidence—to vary written contract—at law and in equity. A court of law will not receive parol evidence to contradict or enlarge the terms of a written contract, but the written instrument must be considered as furnishing the true agreement between the parties, and as furnishing better evidence than any which can be supplied by parol. But in equity, such evidence is admissible, to show the real intention of the parties.</p> <p>2. Mistake—Us correction by court of law. A mistake on the face of an instrument, however obvious, can not be corrected, or, rather, disregarded, by a court of law, unless, from other parts of the instrument, there can be no doubt of the real intention of the parties.</p> <p>3. Same—its effect on the construction of a contract. A court of law, in giving effect to the intention of the parties to a written contract, as gathered from the entire instrument, may disregard a mistake apparent on the face of the writing, when, notwithstanding the mistake, the intent remains clear from other parts of the contract.</p> <p>4. Same—indorsement, as explanatory. Where a policy of insurance, by mistake, was made to expire on a day prior to its date, it was held, that an indorsement thereon, showing a different date when the same would expire, but not signed by any of the parties, and without proof when or by whom it was made, could not be admitted in evidence in a suit at law, to explain and rectify the mistake in the policy.'</p> <p>5. Same—eguity jurisdiction. Where' a policy of insurance dated May 22, 1874, by mistake was drawn as expiring on April 2, 1874, instead of April 2, 1875, it was held, while a court of law could clearly perceive the mistake in the date of the expiration of the policy, it being an impossible one, yet it could not enforce the contract according to the intention of the parties, as that did not appear, and therefore a court of equity had jurisdiction to reform the policy and to enforce the same as reformed.</p> <p>6. Same