 | Joseph Story - 1839 - 658 páginas
...that is, mistakes of fact, there is not so much difficulty. The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in Equity. The ground of this distinction between ignorance of law and ignorance of fact seems to be, that, as every... | |
 | United States. Supreme Court - 1847 - 844 páginas
...culpable negligence." Story's Equity Jurisprudence, 156. " The general rule is, that an act alone, or contract made under a mistake or ignorance of a material fact, is voidable and relievable in equity." Ibid., 155. If instruments be delivered up by mistake, and owing to ignorance of a transaction which... | |
 | Joseph Henry Dart - 1851 - 1234 páginas
...(*) Sug. 36. (a) Flight v. Booth, \ Bing. NC 370,377. [1] It is a general rule that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in law and equity. No person can be presumed acquainted with all matters of fact. Neither i? it possible,... | |
 | Asa Kinne - 1852 - 736 páginas
...the effect of a mistake of matters o/ fact upon contracts 1 The general rule is, that an act done or contract made under a mistake or ignorance of a material fact, is voidable and relievable in equity. The ground of this distinction between ignorance of law and ignorance of fact, seems to be. that as every... | |
 | Robert Henley Eden Baron Henley - 1852 - 680 páginas
...to a stranger, it cannot be said to be done by duress. [2] It is a general rule that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in law and equity. No person can be presumed acquainted with all matters of fact. Neither is it possible,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1867 - 642 páginas
...other party. — 1 Story's Eq. Jur. § 193, note 2. •3. The general rule is that an act done, or contract made under a mistake, or ignorance of a material fact, is voidable in equity. — 1 Story's Eq. Jur. § 140; 1 Vez. 126; 1 Ves. 210. 4. The defendants are responsible... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - 706 páginas
...land conveyed. In regard to mistakes of fact, Story says the general rule is, that an act done, or contract made, under a mistake, or ignorance of a...material fact, is voidable and relievable in equity. (1 Story's Eq. 140.) There must not be any culpable negligence. The fact must be material to the act... | |
 | Illinois. Supreme Court - 1866 - 610 páginas
...upon the ignorant party. 1 Story Eq. Juris. Sec. 147. C. The general rule is, that an act done, or contract made under a mistake, or ignorance of a material fact, is avoidable, and relievable in equity. Id. 140. D. A promise to pay a note under ignorance of facts,... | |
 | Joseph Story - 1866 - 860 páginas
...that is, mistakes of fact, there is not so much difficulty. The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in equity. The ground of this distinction between ignorance of law and ignorance of fact seems to be, that, as every... | |
 | New Jersey. Court of Chancery, Charles Ewing Green - 1867 - 614 páginas
...f-articeps criminis, however innocent of the fraud in its inception. 5. Equity will relieve against a contract made under a mistake, or ignorance of a material fact; not only where there has been a concealment of facts by one party, but also in cases of mutual mistake... | |
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The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in equity. 
