46. Effect of judgment or award.

46.     Effect of judgment or award.

After money has been paid under a judgment of a court of competent jurisdiction founded on a particular construction of an agreement and the judgment has thereby been satisfied, it is too late to bring a claim to rectify the agreement on the ground that such a construction was contrary to the intention of all parties1. But where rectification is outside the terms of a submission to an arbitrator who makes an award, rectification may later be claimed in a claim to enforce that award2.