| North Carolina. Supreme Court - 1877 - 644 էջ
...of Equity will take cognizance of. The general rule in this class of cases is, that an act done or contract made under a mistake or ignorance of a .material fact is voidable and relievable in equity. But the general rule has many qualifications. For instance, the material fact must be such as the complaining... | |
| United States. Attorney-General - 1869 - 578 էջ
...account current, instead of deducting it in the invoice. The general doctrine is, that an act done under a mistake or ignorance of a material fact is voidable, and is the subject of equitable relief. In the present case, it is alleged that, although the purchasers... | |
| John Bouvier - 1870 - 900 էջ
...Gex, M. * 0. 76 ; 21 Ala. vs 252; 13 Ark. 129; 6 Ohio, 160; 11 id. 480; 21 Ga. 118; Beasl. Ch. NJ 165. An act done or a contract made under a mistake or...material fact is voidable and relievable in equity. Story, Eq. Jur. •-, 140. The rule applies to cases where there has been a studied suppression of... | |
| Thomas Harvey Coldwell - 1870 - 790 էջ
...CHANCERY. 1. A Coiirt of Equity mil correet mistakes made in ignoranee of material facts. Where an act is done, or a contract made, under a mistake or ignorance of a material fact, it is voidable and relievable in equity. The rule is the same, not only in cases were there has been... | |
| John Bouvier - 1874 - 746 էջ
...G. 76 ; 21 Ala. N. s. 252; 13 Ark. 129; G Ohio, 1G9; 11 id. 480; 21 Ga. 118; Beasl. Ch. NJ 165. Au act done or a contract made under a mistake or ignorance...material fact is voidable and relievable in equity. Story, Eq. Jur. \ 140. The rule applies to cases where there has been a studied suppression of facts... | |
| Marcus Tullius Hun - 1874 - 856 էջ
...the ground of mistake, and fraud. The general rules upon that subject, are, that " an act done, or contract made, under a mistake or ignorance of a material...fact, is voidable and relievable in equity." * " The fact may be unknown to both parties, or it may be known to one party and unknown to the other. In the... | |
| New York (State). Supreme Court - 1874 - 838 էջ
...upon the ground of mistake and fraud. The general rules upon that subject are 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. Jur. (9th ed.), § 140. " The fact may be unknown to both parties, or it maybe known... | |
| Sir Thomas Wardlaw Taylor - 1875 - 632 էջ
...thing which has not existed. 100. The general rule as to mistakes of fact is, that an act done, or contract made, under a mistake or ignorance of a material fact, is relievable in equity (6). No person can be presumed to be acquainted with all matters of fact, and,... | |
| 1876 - 668 էջ
...general rule of equity applicable in such cases is, "That an act done or contract made under a mutual mistake, or ignorance of a material fact, is voidable and relievable in equity." And if one of the parties innocently misrepresents a material fact by mistake it is equally conclusive,... | |
| United States. Congress. House - 1880 - 1218 էջ
...general doctrine has been stated as follows: The general rule is that »n act «lone or a contract mailo under a mistake or ignorance of a material fact; is voidable and rclievable in equity. 'No person can be, presumed to be acquainted with all matters of fact; neither... | |
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