Jervis v Howle
Mistake – Rectification – Covenant to pay sum “free of tax” – Words used ineffectual to
secure result.
In a deed intended to secure a royalty on coal, the royalty was reserved thus: “together with a
royalty of 3d per ton on all coal sold by the lessee, such royalty to be paid free of tax.” It was
proved that the intention of both parties was that a clear sum of 3d should be received as
royalty in respect of each ton of coal.