 | Thomas Isaac Wharton - 1843 - 870 страници
...bound. Perfa'/w T. Gay, 3 S. &R. 331. 30. But where the parties treat upon the basis that the fact, which is the subject of the agreement, is doubtful; and the consequent risk which each is to encounter, is taken into consideration in the stipulations assented !o, the contract... | |
 | Frederick Thomas White, Owen Davies Tudor - 1859 - 760 страници
...Lansdown, Moscly, 364 ; Cocking v. Pratt, 400. 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; Can v. Can, 1 P. Wms. 726; Pullen v. Ready, 1 Atk. 573 ; Jonet v. Randall, Cowp. 37. Every wager, as... | |
 | Theron Metcalf, Jonathan Cogswell Perkins - 1860 - 746 страници
...respecting them, else they will not be bound. But when the parties treat upon the basis that the fact which is the subject of the agreement is doubtful, and the consequent risk each one is to encounter is taken into consideration in the stipulations assented to, the contract will... | |
 | Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 страници
...400. But where the parties treat upon the basis that the fact which is the subject of an agreement i-< doubtful, and the consequent risk each is to encounter...opposite party, that would affect any other contract ; Can v. Can, 1 P. Wras. 726 ; Fallen v. Ready, 1 Atk. 573 ; Jone-s v. Randall, Cowp. 37. Every wager,... | |
 | 1890 - 1148 страници
...are falsilied by the event. [Citing cases.] But where the parlies treat upon the basis that the fact which is the subject of the agreement is doubtful,...any mistake of one of the parties, provided there he no concealment or unfair dealing by the opposite party that would affect any other contract. * *... | |
 | 1886 - 800 страници
...respecting them, else they will not be bound. 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. ERROR to the common pleas in ejectment. It appeared the parties mutually agreed to adopt certain lines... | |
 | 1911 - 1146 страници
...798.»] 2. CONTRACTS (§ 93*) — VALIDITY — MISTAKE. Where parties treat upon the basis that the fact which is the subject of the agreement is doubtful,...is to encounter is taken into consideration in the stimulations assented to, the contract will be valid, notwithstanding any mistake of one of the parties,... | |
 | John Davison Lawson - 1890 - 944 страници
...mistake is made in the quantity of land conveyed.8 Where the parties treat upon the basis that the fact which is the subject of the agreement is doubtful,...be valid, notwithstanding any mistake of one of the parties.4 A mistake in a deed or written contract will not be relieved against, unless express proof... | |
 | Abraham Clark Freeman - 1891 - 1028 страници
...are falsified by the event. [Citing cases.] 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 Every compromise of a doubtful right depends on this principle There is an express mutual abandonment... | |
 | John Davison Lawson - 1893 - 676 страници
...Р. 577. »Bradford r. Chicago, 25 111. <23; « Barr r. Gibson, 3 M. & W. 390. basis that the fact which is the subject of the agreement is doubtful, and the consequent risk each is to encouuter is taken into consideration, the contract will be valid, notwithstanding any mistake on their... | |
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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... 
