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Books Books 11 - 20 of 100 on In this state of discrepancy between the decided cases we think it is, at all events,....  Take our survey New!
" In this state of discrepancy between the decided cases we think it is, at all events, a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter... "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Page 475
by New Jersey. Court of Chancery - 1903
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Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu

Charles Greenstreet Addison - Contracts - 1847 - 916 pages
...or extent of the property in a material and substantial point, so far affecting the subject matter of the contract, that it may reasonably be supposed that but for such misdescription, the contract would never have been made, at once releases the purchaser from the bargain. And if the conditions...
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A Compendium of the Law and Practice of Vendors and Purchasers of Real Estate

Joseph Henry Dart - Real property - 1851 - 856 pages
...law or .fleeting seems now to be as laid down by Tindal, G. J.; viz., ua e i '$££ "that where the misdescription, although not proceeding " > from fraud,...never have entered into the contract at all, in such a case the contract is avoided altogether, and he is not bound to resort to the clause of compensation...
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The law of pleading and evidence in civil actions ..., Volume 2, Part 2

John Simcoe Saunders - Civil procedure - 1851 - 1417 pages
...compensation clause, the rule was laid down, in the case of Flight v. Both (1 Bing. NC 376), " That when the misdescription, although not proceeding from fraud,...affecting the subjectmatter of the contract, that it may be reasonably supposed that, but for such misdescription, the purchaser might never have even entered...
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The Law of the Contract of Sale

Solomon Atkinson - Contracts - 1853 - 440 pages
...where the misruleostothe ,. » , cff«ri°Hcm»' descrtptton, although not proceedtng from fraud, is tn a material and substantial point, so far affecting...of the contract that it may reasonably be supposed, (c) Leach v. Mallett, 3 C. & P. 115; (e) Duke of Norfdk v. Worthy, 1 Dobell v. Hutthinson, 3 Ad. &...
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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - Contracts - 1855 - 979 pages
...although it does not proceed from fraud, is in a material and substantial point, and so far affects the subject-matter of the contract, that it may reasonably...supposed that, but for such misdescription, the purchaser would never have entered into the contract at all, the contract is avoided altogether, and the purchaser...
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Precedents in Conveyancing: With Dissertations on Its Law and Practice

Frederick Prideaux - Conveyancing - 1856 - 777 pages
...and substantial point so far affecting the subject matter of the contract that it may be reasonably supposed that but for such misdescription the purchaser might never have entered into the contract. (Flight v. Booth, 1 BNC 370). For instance, the vendor could not avail himself of such a condition...
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The Irish Jurist, Volume 1; Volume 8

Law - 1856
...is, at all events, a safe rule to adopt that where the misdescription, although not proceedingfrom fraud, is, in a material and substantial point, so far affecting the subject matter of the contract, that it may reasonably be supposed that, but for such misdescription,...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Volume 6

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn - Law reports, digests, etc - 1857
...therefore makes the contract void. In Flight v. Booth (c) Tindal CJ, in giving judgment, says : " where the misdescription, although not proceeding from fraud,...material .and substantial point, so far affecting the subject matter of the contract that it may reasonably be supposed, that, but for such misdescription,...
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Precedents and Forms in Conveyancing, Volume 1

Charles Davidson - Conveyancing - 1860
...the vendor who has been grossly negligent to the assistance of a Court of Equity. At law, when the misdescription, although not proceeding from fraud,...material and substantial point so far affecting the subject matter of the contract that it may reasonably be supposed that but for such misdescription...
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International Commercial Law: Being the Principles of Mercantile Law of the ...

Leone Levi - Commercial law - 1863
...the party grieved may retuse represeutato comply with the contract (a). Where the misdescription, on' although not proceeding from fraud, is in a material and substantial point, so far affecting the subject matter of the contract that it may reasonably be supposed that but for such misdescription...
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