Louis Brandeis

“ It is well settled that courts of equity will reform a written contract where, owing to mutual mistake, the language used therein did not fully or accurately express the agreement and intention of the parties. The fact that interpretation or construction of a contract presents a question of law and that, therefore, the mistake was one of law is not a bar to granting relief. ”

“ The Supreme Court of the Philippine Islands reversed the judgment of the trial court solely on the ground that, where parties to a written contract have deliberately adopted the language therein used, a court of equity will not reform the instrument because the parties were 'mistaken as to its legal interpretation and effect, nor will such a mistake be recognized as any defense to a suit upon the contract or instrument,' and that relief against such a mistake cannot be afforded under section 285 of the Code. ”

“ Prior to May, 1903, the sugar mills had been in part destroyed by revolutionists, and the mills and machinery had fallen into disrepair. In that month the company gave orders to remove the machinery and the rails from the hacienda and store them elsewhere. In October, 1903, the company contracted to sell all the machinery and rails to one Rueda. They were not included in the detailed appraisal of the property which the government caused to be made. Before the contract with the government was executed all the rails and a part of the machinery had been removed from the hacienda. ”