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" 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 Review and Quarterly Journal of British and Foreign Jurisprudence - Σελίδα 109
1845
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Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 63

New Jersey. Court of Chancery - 1903 - 930 σελίδες
...Tindal, CJ, lays down a rule which is easy to be understood, though often difficult of application: 'In this state of discrepancy between the decided...at all events, a safe rule to adopt that where the Vao Blarcom .• Hopkins. misdescription, although not proceeding from fraud, is, in a material and...

New Cases in the Court of Common Pleas, and Other Courts: With ..., Τόμος 1

Great Britain. Court of Common Pleas, Peregrine Bingham - 1835 - 818 σελίδες
...vitiate the contract of sale; Jones v. Edney (c), Waring v. Hoggart (d), and Stewart v. Alliston. (e) In this state of discrepancy between the decided cases,...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
...sale—Jones v* Edney, 3 Camp. 285, Waring v. Hoggart, Ryan & Moody, 40, Stewart v. Alliston, 1 Merivale, 27. In this state of discrepancy between the decided cases,...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...

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

Samuel Vallis Bone - 1839 - 398 σελίδες
...of sale. (Jones v. Edney, Waring v. Hoggart, 1 Ry. & Mood. 39. ; and Stewart v. AUiston, 1 Mer. 26.) In this state of discrepancy between the decided cases,...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...

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

Great Britain. Court of Common Pleas, John Scott - 1839 - 1084 σελίδες
...v. Ednt>y, S Camp. 285, Waring v. Hoggart, Ryan & Moody, 40, Stewart v. ALliston, 1 Merivale, ill. In this state of Discrepancy between the decided cases,...at all events a safe rule to adopt, that, where the miidescription, although not proceeding from fraud, is in a material and substantial point, so far...

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
...vitiate the contract of sale ; Jones v. Edncy (c), Waring v. Ho»gari (d), Steuart v. AUislon. (c) In this state of discrepancy between the decided cases,...material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed, that, but for such misdescription,...

Martin's Practice of Conveyancing: With Forms of Assurances, Τόμος 3

Charles Davidson - 1844 - 740 σελίδες
...(Jones v. Edney, 3 Camp. 284 ; Waring v. Hoggart, I Ry. & Moo. 39 ; Stewart v. Alliston, 1 Mer. 26). In this state of discrepancy between the decided cases,...material and substantial point, so far affecting the subject-matter of the contract, that it may reasonably be supposed, that, but for such misdescription,...

A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1844 - 910 σελίδες
...(Jones v. Edncy, 3 Camp. 285. Waring v. Uaggart, li. $• M. 40. Stewart v. Atlislon, 1 Merifalo^ 27.) In this state of discrepancy between the decided cases,...think it is at all events a safe rule to adopt, that when the misdescription, although not proceeding from fraud, is in a material and substantial point...

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
...— Jones v. Edney, 3 Camp. 285 ; Waring v. Hoggart, B.. & M. 39 ; Stewart v. Alliston, 1 Meriv. 27. In this state of discrepancy between the decided cases,...material and substantial point, so far affecting the subjectmatter of the contract that it may reasonably be supposed, that, but for such misdescription,...

Reports of Cases Argued and Determined in the Court of Exchequer in ..., Τόμος 4

Great Britain. Court of Exchequer, Edward Younge, John Collyer - 1846 - 638 σελίδες
...have stated others, and on that ground alone the contract was rescinded. Tindal, CJ, said: — " It is a safe rule to adopt that, where the misdescription, although not proceeding from fraud, does in a material and substantial point so far affect the subject-matter of the contract, that it...




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