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" ... 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... "
Leading Cases in the Commercial Law of England and Scotland - Σελίδα 445
των George Ross - 1855 - 982 σελίδες
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - 1835 - 816 σελίδες
...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 of the contract that it may reasonably be supposed, that, but for such misdescription,...

Cases in the Court of Common Pleas and Exchequer Chamber, Τόμος 6

Great Britain. Court of Common Pleas, John Scott - 1839 - 1084 σελίδες
...the decided cases, we think it is at all events a safe rule to adopt, that, where the miidescription, although not proceeding from fraud, is in a material...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...

Precedents in Conveyancing: A Collection of Forms of Assurances of ..., Τόμος 3

Samuel Vallis Bone - 1839 - 398 σελίδες
...the decided cases, we think it is, at all events, a safe rule to adopt, that where the description, 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,...

Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas - 1839 - 956 σελίδες
...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 fat affecting the subject-mattef of the contract that it may reasonably be supposed, that, but for...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Τόμος 1

Great Britain. Court of Common Pleas, Thomas James Arnold - 1840 - 706 σελίδες
...mere accidental misstatement, still it is a misdescription in so material and substantial a point, that it may reasonably be supposed that, but for such misdescription, the plaintiff would not have entered into the contract, and therefore, he is entitled to avoid it ; and...

Cases Argued and Determined in the Court of Common Pleas: With ..., Τόμος 7

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1846 - 1126 σελίδες
...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...

A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the ...

Joseph Chitty - 1841 - 1040 σελίδες
...the decided cases, we think it is at all events a safe rule to adopt, that when the misdescription, although not proceeding from fraud, is in a material...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...

Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1845 - 1114 σελίδες
...sale by auction of leasehold property, there is in the printed particulars of sale a misdescription in a material and substantial point, so far affecting...might never have entered into the contract at all, the contract is altogether avoided, notwithstanding a clause providing that, " if through any mistake,...

The Reports of the Most Learned Sir Edmund Saunders: Late Lord Chief Justice ...

Great Britain. Court of King's Bench, Edmund Saunders - 1845 - 968 σελίδες
...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. Flightv. Booth. 1 Scott, 190. SC 1 M. & W....

The Law Review and Quarterly Journal of British and Foreign ..., Τόμος 2

1845 - 532 σελίδες
...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 of the contract, that it may reasonably be supposed that, but for such misdescription,...




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