| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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.... | |
| 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... | |
| 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... | |
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