 ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed, that, but for such misdescription, the purchaser might never...  The Jurist - Page 1411857Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1903 - 930 pages
...that where the Vao Blarcom .• Hopkins. misdescription, although not proceeding from fraud, is, in a material and substantial point, so far affecting...not bound to resort to the clause of compensation.' This is a negative proposition, but a pregnant one. If the error is of such consequence that it may... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1835 - 818 pages
...events, a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting...not bound to resort to the clause of compensation. Under such a state of facts, the purchaser may be considered as not having purchased the thing which... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1835 - 816 pages
...particulars of sale a misdeicriplion in a material and substantial point, so far affecting the subject matter of the contract that it may reasonably be supposed...might never have entered into the contract at all, the contract is iltogether avoided, notwithstanding a clause providing that " if, through any mistake,... | |
 | Samuel Vallis Bone - Conveyancing - 1839 - 398 pages
...proceeding from fraud, is in a material and substantial point, so far affecting the subject matter of the contract that it may reasonably be supposed...not bound to resort to the clause of compensation. Under such a state of facts, the purchaser may be considered as not having purchased the thing which... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1839 - 1084 pages
...events a safe rule to adopt, that, where the miidescription, although not proceeding from fraud, is in a material and substantial point, so far affecting...contract that it may reasonably be supposed, that, tub for such misdescriptinn, the purchaser might never have entered into the contract at all, in such... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1846 - 1126 pages
...by auction of leasehold property, there is in the printed particulars of sale, a misdescription in a substantial point, so far affecting the subject-matter...might never have entered into the contract at all, the contract is void, notwithstanding a clause providing that, " if through any mistake, the estate... | |
 | Joseph Chitty - Contracts - 1841 - 1040 pages
...events a safe rule to adopt, that when the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract, that it may be reasonably supposed that but for such misdescription the purchaser might never have entered into... | |
 | Henry Roscoe - Evidence (Law) - 1844 - 910 pages
...events a safe rule to adopt, that when the misdescription, although not proceeding from fraud, is in a material and substantial point so far affecting...not bound to resort to the clause of compensation . Under such a state of facts, the purchaser may be considered as not having purchased the thing which... | |
 | Charles Davidson - Conveyancing - 1844 - 740 pages
...events, a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is, in a material and substantial point, so far affecting...not bound to resort to the clause of compensation. Under such a state of facts, the purchaser may be considered as not having purchased the thing which... | |
| |
