The Specific relief act, no. 1 of 1877; with commentaries thereon, and an appendix of forms

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ...Evidence Act, p. 176. Story well explains the reason of the admission of any evidence to contravene the written act of a party. "The danger of setting aside the solemn engagements of parties when reduced to writing by the introduction of parol evidence substituting other material terms and stipulations is sufficiently obvious. But what shall be said where those terms and stipulations are suppressed or omitted by fraud or imposition? Shall the guilty party be allowed to avail himself of such a triumph, over innocence and incredulity to accomplish his own base designs? That would be to allow a rale introduced to suppress fraud to be the most effectual promotion and encouragement of it. And hence the rule to admit parol evidence to reform all contracts where a fraudulent suppression, omission or insertion of a material stipulation exists. It is upon the same or rather a similar ground that such evidence is rendered admissible where there lias been an innocent omission or insertion of a material stipulation contrary to the intention of both parties and under a mutual mistake. To allow it to prevail in such a case would be to work a surprise or fraud upon both parties and certainly upon the one who is the sufferer. "As much injustice would to the full" says Story somewhat strongly "under such circumstances as would be done by a positive fraud or inevitable accident." 154, 155. Specific performance was decreed on the testimony of one witness and circumstances against a denying plaintiff. Morphett 1 Will. 100. Rectification was granted on proof of instructions and on affidavit of departure therefrom but viva voce evidence is better. Bonhote 1895, I Ch. Div. 742. "Clearly proved." Not only may evidence be given of the...