Roberts v. Canning

1 Citing case

  1. French Energy, Inc. v. Alexander

    1991 OK 106 (Okla. 1991)   Cited 27 times
    Finding that, although there was an express contract between the parties on the subject matter in question, equity required that the contract be rescinded and restitution paid to prevent unjust enrichment

    AEquitas sequitur legem. York v. Trigg, 87 Okla. 214, 209 P. 417, 425 (1922); Phelan v. Roberts, 182 Okla. 202, 77 P.2d 9, 12 (1938); Roberts v. Canning, Okla., 455 P.2d 302 syllabus 3 (1969). In York v. Trigg, supra note 9, 209 P. at 425, the court applied the maxim AEquitas sequitur legem (equity follows the law), but observed that a court of equity can change the terms of a contract upon equitable grounds of fraud, accident or mistake.