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63 Fla. 562

Robinson Point Lumber Co. v. Johnson

Supreme Court of Florida

Decided January 15, 1912

Supreme Court of Florida · decided 1912-01-15

<p>Appealed from the Circuit Court for Santa Rosa County.</p> <p>The facts in the case are stated in the opinion of the court.</p>

Relies on Jacobs v. Parodi · Horne v. J. C. Turner Cypress Lumber Co. · Griffin v. Societe Anonyme la Floridienne

Good law ✅— No negative treatment on recordhow we know

Decided 1912-01-15

How this case has been cited

Cited by 9 later decisions — most recently October 1992

9 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Whitfield, C. J.

¶1The court refused to reform a deed conveying land so as to make it reserve to the grantor the timber on the land, and the complainant appealed. It is argued here that the evidence is sufficient for a reformation.

¶2A court of equity will reform a written instrument when by mistake it does not contain the true agreement of the parties, only when the evidence of the mistake is ‘ full and satisfactory. The writing should be regarded as the sole expositor of the intent of the parties until the contrary is established beyond reasonably controversy; and reformation will not be decreed when the evidence is loose, contradictory or equivocal, there being no fiduciary relation or overreaching between the parties *564dealing with each other upon a substantially equal footing. See Jackson v. Magbee, 21 Fla. 622; Franklin v. Jones Adm’r., 22 Fla. 526; Jacobs v. Parodi, 50 Fla. 541, 39 South. Rep. 833; Griffin v. Societe Anonyme La. Floridienne, 53 Fla. 801, 44 South. Rep. 342; Horne v. J. C. Turner Cypress Lumber Co., 55 Fla. 690, 45 South. Rep. 1016; Crosby v. Andrews, 61 Fla. 554, 55 South. Rep. 57.

¶3The evidence is conflicting on the material point in the case and the chancellor found for the defendant. As the evidence is not of such a nature as to disclose a clear error in the decree, it is affirmed.

Taylor, Shackleford, Cockrell and Hocker, J. J., concur.
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