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" Whenever. however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality, but that either, on the one side, from superior knowledge of the matter, derived from... "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - Σελίδα 12
των 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 - 1886
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Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 39

New Jersey. Court of Chancery - 1885 - 678 σελίδες
...Executor v. Farmer. the relations between the contracting parties appear to be of such a chaiacter as to render it certain that they do not deal on terms...unfair advantage in a transaction is rendered probable, then the burden is shifted, the transaction is presumed void, and it is incumbent on the stronger party...

The American Reports: Containing All Decisions of General Interest ..., Τόμος 25

Isaac Grant Thompson - 1879 - 888 σελίδες
...400, where it was held that the principle that whenever the relations between the contracting parties appear to be of such a character as to. render it certain that tliey do not deal on terms of equality, but that either on tho one side, from superior knowledge of...

The American Reports: Containing All Decisions of General Interest ..., Τόμος 31

Isaac Grant Thompson - 1880 - 886 σελίδες
...from an obligation on that ground. Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain...weakness, dependence, or trust justifiably reposed, unfaii advantage in a transaction is rendered probable, there the burden i* shifted, the transaction...

A Treatise on Equity Jurisprudence: As Administered in the United ..., Τόμος 2

John Norton Pomeroy - 1882 - 844 σελίδες
...is not presumed but must be Droved. Whenever, however, the relations between the Contracting parties appear to be of such a character as to render it certain...that they do not deal on terms of equality, but that cither on the one side from superior knowledge of the matter derived from a fiduciary relation, or...

The Pacific Reporter, Τόμος 170

1918 - 1210 σελίδες
...presumed, but must be proved. * * * Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain...that they do not deal on terms of equality, but that cither on the one side from superior knowledge of the matter derived from a fiduciary relation, or...

The Northeastern Reporter, Τόμος 35

1894 - 1172 σελίδες
...from an obligation on that ground. Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain...from superior knowledge of the matter, derived from a fiduciaiy relation, or from overmastering influence, or, on the other, from weakness, dependence, or...

Atlantic Reporter, Τόμος 36

1897 - 1164 σελίδες
...inference. Beach, Mod. Eq. Jur. 125, says: "But when the relations existing between the contracting parties appear to be of such a character as to render It certain that they do not deal on equal terms, but that on the one side, • • * from overmastering influence, or on the other side,...

The Atlantic Reporter, Τόμος 112

1921 - 954 σελίδες
...179 Pa. 284, 289, 36 Atl. 177, 179: "But when the relations existing between the contracting parties appear to be of such a character as to render it certain that they do not deal on equal terms, but that on the one side * • * from overmastering influence, or on the other side, from...

Atlantic Reporter, Τόμος 14

1888 - 972 σελίδες
...from an obligation on that ground. Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they did not deal on terms of equality, but that, either on the one side, from superior knowledge derived...

The New York Supplement, Τόμος 189

1921 - 1162 σελίδες
...from an obligation on that ground. Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain...influence, or on the other from weakness, dependence, or trost justifiably reposed, unfair advantage In a transaction is rendered probable, there the burden...




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