Tatum v. City Building & Loan Ass'n

Citations

• 76 Fla. 258
• 79 So. 839

Syllabus

<p>1. Equity will reform a written instrument where because of mutual mistake it does not contain the true agreement of the parties only when the proof is full and satisfactory as to the mistake.</p> <p>2 The right to the reformation of an instrument is not absolute, but depends on an equitable showing.</p> <p>3. While equity will reform a written instrument when by a mistake it does not contain the true agreement of the parties yet it will only do so when, the mistake is plain and the proof full and satisfactory. The writing should be deemed to be the sole expositor of the intent of the parties until the contrary is established beyond reasonable con-, troversy.</p> <p>4, In a suit for the reformation of a written instrument, when the evidence is conflicting and the finding of the chancellor thereon does not clearly appear to be erroneous, it will not be disturbed on appeal.</p>