Search Images Maps Play YouTube News Gmail Drive More »
Sign in
Books Books
" 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
Full view - About this book

Principles of Contract: Being a Treatise on the General Principles ..., Page 776

Frederick Pollock - Contracts - 1885 - 844 pages
...which, as we shall immediately see, have been relied on in like cases by courts of equity. "Where the misdescription, although not proceeding from fraud,...misdescription the purchaser might never have entered into tire contract at all, in such case the contract is avoided altogether, and the purchaser is not bound...
Full view - About this book

A Concise Treatise on the Law Relating to Sales of Land

Aubrey St. John Clerke, Hugh McNab Humphry - Conveyancing - 1885 - 646 pages
...10 Ch. D. 736 ; Brewer v. Broadwood, 22 Ch. D. 105. Misdescrip- So, where there is a misdescription in a material 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...
Full view - About this book

Cases Heard and Determined in Her Majesty's Supreme Court of the ..., Volume 1

Straits Settlements. Supreme Court - Court rules - 1885 - 886 pages
...point, so far affecting tie " subject-matter of the contract, that it may reasonably be sup" posed, that but for such misdescription, the purchaser might " never have entered into the contract at all, the contract is avoid" ed altogether : under such a state of facts, the purchaser may be " considered...
Full view - About this book

Principles of Contract: Being a Treatise on the General Principles ...

Frederick Pollock - Contracts - 1885 - 844 pages
...immediately see, have been relied on in like cases by courts of equity. "Where the miwdescription, although not proceeding from fraud, is in a material and substantial point, BO far affecting the subject-matter of the contract that it may reasonably be supposed that but for...
Full view - About this book

Atlantic Reporter, Volume 52

Law reports, digests, etc - 1902 - 1164 pages
...decided cases we think It Is, at all events, a safe rule to adopt that, where the niisdescription, although not proceeding from fraud, is in a material...that it may reasonably be supposed that, but for such niisdescription, the purchaser might never have entered into the contract at all, In such case the...
Full view - About this book

Commentaries on the Transfer of Property Act, 1882: (Act IV of 1882) Amended ...

Sir Horatio Hale Shephard - 1887 - 380 pages
...is given not on the ground of fraud, but on the ground of misdescription, by which, if it relates to a material and substantial point so far affecting...supposed that but for such misdescription the purchaser would never have entered into the contract at all, the contract is avoided.* When the defect or misdescription...
Full view - About this book

... A Treatise on the Law of Contracts ...

Charles Greenstreet Addison - Contracts - 1888 - 814 pages
...misdescription of the estate or interest, or of the nature, or situation, or extent, or value of the property in a material and substantial point, so far affecting...be supposed that, but for such misdescription, the contract (j) 44 & 45 Viet. c. 41, sect. 3 (3). stenholme & Turner's Conveyancing But this will not...
Full view - About this book

Pump Court: The Temple Newspaper and Review, Volume 8

1888 - 432 pages
...material and substantial point. BO far affecting the subject-matter of the contract, that it might reasonably be supposed that but for such misdescription...might never have entered into the contract at all, that the condition applied, and that the purchaser was bound to complete with compensation. LEGAL HONOUES....
Full view - About this book

The Canada Law Journal, Volume 25

Law - 1889 - 670 pages
...rule laid down by Tindal, CJ, in Flight v. Booth, i Bing. NC 370, 377, was approved :, "That when the misdescription, although not proceeding from fraud,...never have entered into the contract at all, in such cases the contract is avoided altogether and the purchaser is not bound to resort to the clause of...
Full view - About this book

The Law Relating to Particulars and Conditions of Sale on a Sale of Land

William Frederick Webster - Real property - 1889 - 538 pages
...mislead a purchaser" : per Turner, LJ, in Dimmock v. Hallett, 2 Ch. App. 21, at p. 29. " Where the misdescription, although not proceeding from fraud,...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...
Full view - About this book




  1. My library
  2. Help
  3. Advanced Book Search
  4. Download EPUB
  5. Download PDF