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" But where the parties treat upon the basis that the fact which is the subject of the agreement is doubtful, and the consequent risk each is to encounter is taken into consideration in the stipulations assented to, the contract will be valid notwithstanding... "
Reports of Cases Adjudged in the Supreme Court of Pennsylvania - Página 612
por Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1821
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A Digest of the Reported Cases Adjudged in the Several Courts Held ..., Volume 1

Thomas Isaac Wharton - 1843
...bound. Perfa'/w T. Gay, 3 S. &R. 331. 30. But where the parties treat upon the basis that the fact, which is the subject of the agreement, is doubtful; and the consequent risk which each is to encounter, is taken into consideration in the stipulations assented !o, the contract...
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A selection of leading cases in equity: with notes, Volume 3

Frederick Thomas White, Owen Davies Tudor, John Innes Clark Hare, Horace Binney Wallace - 1859
...Lansdown, Moscly, 364 ; Cocking v. Pratt, 400. But where the parties treat upon the basis that the fact which is the subject of the agreement is doubtful,...opposite party, that would affect any other contract; Can v. Can, 1 P. Wms. 726; Pullen v. Ready, 1 Atk. 573 ; Jonet v. Randall, Cowp. 37. Every wager, as...
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Digest of the decisions of the courts of common law and admiralty ..., Volume 1

Theron Metcalf, Jonathan Cogswell Perkins, George Ticknor Curtis - 1860
...respecting them, else they will not be bound. But when the parties treat upon the basis that the fact which is the subject of the agreement is doubtful, and the consequent risk each one is to encounter is taken into consideration in the stipulations assented to, the contract will...
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A Selection of Leading Cases in Equity: With Notes, Volume 2,Parte 2

Frederick Thomas White, Owen Davies Tudor - 1877
...400. But where the parties treat upon the basis that the fact which is the subject of an agreement i-< doubtful, and the consequent risk each is to encounter...opposite party, that would affect any other contract ; Can v. Can, 1 P. Wras. 726 ; Fallen v. Ready, 1 Atk. 573 ; Jone-s v. Randall, Cowp. 37. Every wager,...
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The Pacific Reporter, Volume 23

1890
...are falsilied by the event. [Citing cases.] But where the parlies treat upon the basis that the fact which is the subject of the agreement is doubtful,...any mistake of one of the parties, provided there he no concealment or unfair dealing by the opposite party that would affect any other contract. * *...
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The American Decisions: Containing All the Cases of General Value ..., Volume 8

1886
...respecting them, else they will not be bound. But where the parties treat upon the basis, that the fact which is the subject of the agreement is doubtful,...opposite party that would affect any other contract. ERROR to the common pleas in ejectment. It appeared the parties mutually agreed to adopt certain lines...
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Atlantic Reporter, Volume 79

1911
...798.»] 2. CONTRACTS (§ 93*) — VALIDITY — MISTAKE. Where parties treat upon the basis that the fact which is the subject of the agreement is doubtful,...is to encounter is taken into consideration in the stimulations assented to, the contract will be valid, notwithstanding any mistake of one of the parties,...
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Rights, Remedies, and Practice, at Law, in Equity, and Under the ..., Volume 5

John Davison Lawson - 1890
...mistake is made in the quantity of land conveyed.8 Where the parties treat upon the basis that the fact which is the subject of the agreement is doubtful,...be valid, notwithstanding any mistake of one of the parties.4 A mistake in a deed or written contract will not be relieved against, unless express proof...
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The American State Reports: Containing the Cases of General Value ..., Volume 16

Abraham Clark Freeman - 1891
...are falsified by the event. [Citing cases.] But where the parties treat upon the basis that the fact which is the subject of the agreement is doubtful,...opposite party that would affect any other contract Every compromise of a doubtful right depends on this principle There is an express mutual abandonment...
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The Principles of the American Law of Contracts at Law and in Equity

John Davison Lawson - 1893 - 640 páginas
...Р. 577. »Bradford r. Chicago, 25 111. <23; « Barr r. Gibson, 3 M. & W. 390. basis that the fact which is the subject of the agreement is doubtful, and the consequent risk each is to encouuter is taken into consideration, the contract will be valid, notwithstanding any mistake on their...
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