 | 1921 - 1186 páginas
...innocent misrepresentation of the otTier.13 But where the parties treat upon the basis that the fact is doubtful, and the consequent risk each is to encounter...consideration in the stipulations assented to, the contract is valid notwithstanding any mistake of one of the parties.14 A mistake as to acreage in a petition... | |
 | United States. National Railroad Adjustment Board - 664 páginas
...& R. 327, 331 (8 am. Dec. 653), when he said: '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 take into consideration in the stipulations assented to, the contract will be valid, notwithstanding... | |
 | 1911 - 1242 páginas
...798.«] 2. CONTRACTS (§ 93*)— VALIDITY— MISTAKE. Where parties treat upon the basis that the fact which is the subject of the agreement is doubtful,...one of the parties, provided there be no concealment nor unfair dealing by the opposite party that would affect any other contract. [Ed. Note. — For other... | |
 | 1915 - 976 páginas
...to its aid the rule as stated in 9 Cyc. 398 : "Where the parties treat upon the basis that the fact is doubtful, and the consequent risk each is to encounter...notwithstanding any mistake of one of the parties." The rule is elaborated in 2 Pomeroy on Equity Jurisprudence, sec. 855, quoted in Colton v. Stanford,... | |
 | 1891 - 638 páginas
...and then adds this qualification : — " ' 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. (Carr v. Carr, 1 P. Wms. 726 ; Pullon v. Ready, 1 Atk. 587 ; Jones v. Randall, Cowp. 37.)' " Every... | |
 | California. District Courts of Appeal - 1914 - 890 páginas
...to its aid the rule as stated in 9 Cyc. 398: "Where the parties treat upon the basis that the fact is doubtful, and the consequent risk each is to encounter...notwithstanding any mistake of one of the parties." The rule is elaborated in 2 Pomeroy on Eq. Juris., sec. 855, luoted in Cotton v. Stanford, 82 Cal.... | |
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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... 
