| New Jersey. Court of Chancery - 1885 - 678 pages
...ground of such mistake. * * * As, for instance, * * * if both parties Freichnecht v. Meyer. should he ignorant of a matter of law, and should enter into...immediate result of the mistake of both, there can be no reason why the court should not interfere to prevent the enforcement of the contract and to relieve... | |
| T. M. Lalor, New York (State). Supreme Court - 1833 - 712 pages
...projierly on account of fraud in ihe one party, than of ignorance of law in the other. So, if l,oth parties should be ignorant of a matter of law and...should enter into a contract for a particular object, th'; result whereof would, by law, be different from what they mutually intended: here, on account... | |
| Arkansas. Supreme Court - 1853 - 884 pages
...so, takes advantage of such circumstance to make the contract, here the court will relieve, although perhaps, more properly on account of fraud in the...should enter into a contract for a particular object, the result whereof would, by law, be different from what they mutually intended; here, on account of... | |
| Mercer Beasley - 1860 - 634 pages
...contract founded in mistake of matters of fact. In his opinion in that case, the Vice Chancellor says — so, if both parties should be ignorant of a matter...should enter into a contract for a particular object, the result whereof would, by law, be different from what they mutually intended — here, on account... | |
| 1905 - 1120 pages
...fraud in the one party than of ignorance of law in the other." The Supreme Court of Arkansas says: "So, If both parties should be ignorant of a matter...should enter into a contract for a particular object, the result whereof would by law be different from what they mutually intended, here on account of the... | |
| William Albert Keener - 1888 - 1234 pages
...which this court will interfere upon the ground of such mistake. . . . As, for instance, ... if lxith parties should be ignorant of a matter of law, and...immediate result of the mistake of both, there can be no reason why the court should not interfere to prevent the enforcement of the contract and to relieve... | |
| Irving Browne - 1893 - 608 pages
...rescinded as one founded in a mistake of fact. In his opinion in that case, the vice-chancellor says: 'If both parties should be ignorant of a matter of law, and should enter into a contract for particular object, the result whereof would by law be different from what they mutually intended, here... | |
| Burr W. Jones - 1896 - 718 pages
...basis of equitable relief.1 Under peculiar circumstances, when two parties ignorant of a matter of law enter into a contract for a particular object and the result according to law is different from what they mutually intended, courts of equity will interfere to prevent the enforcement... | |
| John A. Shields - 1912 - 946 pages
...intention, or violates it, equity will correct the mistake, so as to produce a conformity to the instrument. If both parties should be ignorant of a matter of...should enter into a contract for a particular object, the result whereof would, by law, be different from what they mutually intended, on account of the... | |
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