 | New Jersey. Court of Chancery - Law reports, digests, etc - 1880 - 942 pages
...v. Emmerson, 3 Story C. C. 7S3. And even if the party innocently misrepresents a Jacobsen v. Dodd. material fact by mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party. 1 Story's Eq. Jur. (10th ed.) § 193, and cases cited. Again, it is said : If... | |
 | Joseph Story - Equity - 1839 - 658 pages
...affirmation of what is known to be positively false. 5 And even if the party innocently misrepresents a fact by mistake, it is equally conclusive; for it operates as a surprise and imposition upon the other party. 6 1 3 Black. Comm. 165 ; 2 Kent. Com. Lect. 39, p. 484, (2(1 edit.) ; Laidlaw... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1846 - 1178 pages
...as the affirmation of what is known to be positively false. So if a party innocently misrepresents a fact by mistake, it is equally conclusive ; for it operates as a surprise and impoeition on the other party. But a misrepresentation in a matter of opinion and fact, equally open... | |
 | William Paley - Agency (Law) - 1847 - 732 pages
...affirmation of what is known to be positively false. And even if the party innocently misrepresents a fact by mistake, it is equally conclusive ; for it...as a surprise and imposition on the other party." But " the misrepresentation must be of something material, constituting an inducement, or motive to... | |
 | Great Britain. Court of Chancery - Equity - 1847 - 634 pages
...affirmation of what is known to be positive, ly false. And even if the party innocently misrepresents a fact by mistake, it is equally conclusive ; for it...as a surprise and imposition on the other party." But " the misrepresentation must be of something, constituting an inducement or motive to the act or... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...affirmation of what is known to be positively false. And even if a party innocently misrepresents a fact by mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party." So let the judgment of the Court below be affirmed. Leonard e». Scarborough... | |
 | John William Smith - Contracts - 1847 - 438 pages
...affirmation of what is known to be positively false; and even if the party innocently misrepresents a fact by mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party." Story's " Equit. Juris." vol. I. p. 166. It is impossible to feel con- Conclusion... | |
 | Georgia. Supreme Court - Equity - 1849 - 714 pages
...The rule in Equity goes yet farther ; for if a party innocently, l,'y mistake, misrepresents a fact, it is equally conclusive, for it operates as a surprise and imposition upon the other parry. Equity will reform a contract where a mistake has been made, innocently by both... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1867 - 642 pages
...responsible. — 1 Story's Eq. Jur. §193, note I ; 9 Ves. 21 ; Freem. H. 57; 2 liro. Ch. 389. 2. And even if the party innocently misrepresents a material...conclusive, for it operates as a surprise and imposition upon the other party. — 1 Story's Eq. Jur. § 193, note 2. •3. The general rule is that an act... | |
 | John William Smith - Contracts - 1853 - 488 pages
...affirmation of what is known to be positively false ; and even if the party innocently misrepresents a fact by mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party." Story's " Equit. Juris.," vol. ip 166. It is impossible to fuel confident in... | |
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... true or false, is wholly immaterial; for the affirmation of what one does not know or believe to be true is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false, and, even if the party innocently... 
