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Collier v. Lanier

District Court of Appeal of Florida, Second District
Jan 16, 1976
324 So. 2d 726 (Fla. Dist. Ct. App. 1976)

Summary

In Collier v. Lanier, 1 Ga. 238, it was held: "Where an instrument is drawn, and executed, which professes and is intended to carry into execution, an agreement, whether in writing or by parol, previously entered into, but which, by mistake of the draftsman, either as to fact or law, does not fulfill, or which violates the manifest intention of the parties to the agreement, equity will correct the mistake, so as to produce a conformity of the instrument to the agreement."

Summary of this case from Redmond v. Sinclair Refining Co.

Opinion

No. 75-532.

December 19, 1975. Rehearing Denied January 16, 1976.

Appeal from Circuit Court, Hardee County; John H. Dewell, Judge.


Affirmed.


Summaries of

Collier v. Lanier

District Court of Appeal of Florida, Second District
Jan 16, 1976
324 So. 2d 726 (Fla. Dist. Ct. App. 1976)

In Collier v. Lanier, 1 Ga. 238, it was held: "Where an instrument is drawn, and executed, which professes and is intended to carry into execution, an agreement, whether in writing or by parol, previously entered into, but which, by mistake of the draftsman, either as to fact or law, does not fulfill, or which violates the manifest intention of the parties to the agreement, equity will correct the mistake, so as to produce a conformity of the instrument to the agreement."

Summary of this case from Redmond v. Sinclair Refining Co.
Case details for

Collier v. Lanier

Case Details

Full title:NAOMI COLLIER, INDIVIDUALLY, AND AS GUARDIAN OF WESLEY S. LANIER, ET AL.…

Court:District Court of Appeal of Florida, Second District

Date published: Jan 16, 1976

Citations

324 So. 2d 726 (Fla. Dist. Ct. App. 1976)

Citing Cases

Redmond v. Sinclair Refining Co.

10. The demurrers attacked that part of the petition seeking reformation of the contract, on the grounds that…