 In this state of discrepancy between the decided cases, we think it is, at all 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 the subject-matter...  The Law Quarterly Review - Página 169editado por - 1903Vista completa - Acerca de este libro
 | Great Britain. Courts - 1865 - 668 páginas
...at all events, a safe rule to adopt, that, where the misdescription, although not proceeding flora fraud, is in a material and substantial point, so...affecting the subject-matter of the contract that it mav reasonably be supposed, that, but for such misdescription, the purchaser might never have entered... | |
 | Frederick Pollock - 1902 - 724 páginas
...p. 604, where he said : " it is at all events a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is, in a material...it may reasonably be supposed, that, but for such misJescription, the purchaser might never have entered into the contract at all, in such case the contract... | |
 | 1923 - 730 páginas
...Bing. N. 0. 370, 377, showed, however, that the conditions would not apply " where the misdescription, although not proceeding from fraud, is in a material and substantial point, eo far affecting the subject-matter of the contract that it may reasonably bo supposed that, but for... | |
 | 1857 - 664 páginas
...It is a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is iu a material and substantial point, so far affecting...might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause... | |
 | William Wetmore Story - 1871 - 784 páginas
...the decided cases we think it is, at all events, a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is in a material...might never have entered into the contract at all, in snch case the contract is avoided altogether, and the purchaser is not bound to resort to the clause... | |
 | John Williams, Sir Edmund Saunders - 1871 - 756 páginas
...vendor has misdescribed the subject-matter of the contract in a material and substantial point, so that it may reasonably be supposed that, but for such...might never have entered into the contract at all, the purchaser may rescind the contract. 1 Bing. NC 370. Flight v. Booth. 1 Scott, 190. SC 1 M. & W.... | |
 | New York (State). Superior Court (New York), James M. Sweeny - 1871 - 790 páginas
...to rescind a contract such as the one in question, is whether the ground of objection so far affects the subject-matter of the contract that it may reasonably be supposed that, had it been disclosed, the purchaser would never have entered into the contract (Flight v. Booth, 1... | |
 | North Carolina. Supreme Court - 1873 - 622 páginas
...not proceeding from fraud, is 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 ; in such case the contract is avoided altogether, and the purchaser is not bound to resort to the... | |
 | Frederick Pollock - 1876 - 692 páginas
...immediately see, have been relied on in liko cases by courts of equity. " Where the misdescription, although not proceeding from fraud, is in a material...might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause... | |
 | Frederick Pollock - 1876 - 694 páginas
...immediately see, have been relied on in like cases by courts of equity. " Where the misdescription, although not proceeding from fraud, is in a material...that it may reasonably be supposed that but for such misdeseription the purchaser might never have entered into the contract at all, in such case the contract... | |
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