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United States of America v Motor Trucks Ltd, [1924] AC 196 (Ont PC)

Facts:

D contracted to make X for P. Payments were to include the buildings used by D be turned over to P once contract ended/contract ended. D refused to turn over buildings bc isn’t written in K. P wants rectification of K

Issue(s):

Was it the intention that the land and buildings form part of the contract?

Ratio:

The Court can rectify a conveyance on the ground of mutual mistake although the written contract says something different - Unless exceptional reason not to.
**Court does have jurisdiction when there is a mutual mistake, not for an individual mistake

Analysis:

Both parties were mistaken. You cant get out of your obligation by saying you made a mistake

Holding:

There was an intention that the land and building should become property of P


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