 | Joseph Story - Equity - 1866 - 860 pages
...under mistake, either as to the true state of the facts or of the law. § 138 t. But where the mistake is of so fundamental a character, that the minds of...have accrued ; and the parties may still be placed in statu quo ; equity will interfere, in its discretion, in order to prevent intolerable injustice. This... | |
 | Joseph Story - Equity - 1870 - 948 pages
...under mistake, either as to the true state of the facts or of the law. § 138 i. But where the mistake is of so fundamental a character, that the minds of...have accrued ; and the parties may still be placed in statu quo ; equity will interfere, in its discretion, in order to prevent intolerable injustice. This... | |
 | Law - 1881 - 638 pages
...contracts made or acts done through mistake, or in ignorance of material facts, Judge Story says that "where an unconscionable advantage has been gained...was no gross negligence on the part of the plaintiff iu falling into the error, or in not sooner claiming redress, and no intervening rights have accrued,... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1876 - 620 pages
...equity interfere to correct mistakes are said (1 Story Eq. Jur., § 138) to be those where the mistake is of so fundamental a character that the minds of...mere mistake or misapprehension, and there was no grocss negligence on the part of the plaintiff either in falling into the error or in not sooner claiming... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1881 - 764 pages
...contracts made or acts done through mistake or in ignorance of material facts, Judge Story says that " where an unconscionable advantage has been gained...was no gross negligence on the part of the plaintiff in falling into the error, or in not sooner claiming redress, and no intervening rights have accrued,... | |
 | William Henry Malone - Real property - 1883 - 824 pages
...both in this country and in England, are decidedly in favor of relief to prevent intolerable injustice where an unconscionable advantage has been gained by mere mistake or misapprehension);! yet it is now well-settled that where the mistake or error has been induced or contributed to by the... | |
 | Law - 1905 - 1204 pages
...Jurisprudence at section 1381, speaking of mistakes as affecting contracts, says: "But where the mistake Is of so fundamental a character that the minds of...an unconscionable advantage has been gained by mere mistakes or misapprehension, and there was no gross negligence on the part of the plaintiff, either... | |
 | Law reports, digests, etc - 1901 - 1162 pages
...stated, quoting Chief Justice lledfield's edition of 1 Story, Eq. Jur. § 138i, that where the mistake is of so fundamental a character that the minds of...have accrued, and the parties may still be placed in statu quo, equity will interfere, in its discretion, to prevent intolerable injustice. See, also, 14... | |
 | Electronic journals - 1886 - 968 pages
...or where there has been a mistake of such a character as shows that there was no aggregatio mentium, or where an unconscionable advantage has been gained by mere mistake or misapprehension, arid where there is no gross negligence on the part of plaintiff, equity will interfere in its discretion,... | |
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But where the mistake is of so fundamental a character that the minds of the parties have never, in fact, met, or where an unconscionable advantage has been gained, by mere mistake or misapprehension; and there was no gross negligence on the part of the... 
