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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 Quarterly Review - Page 169
edited by - 1903
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 63

New Jersey. Court of Chancery - Law reports, digests, etc - 1903 - 930 pages
...it is, at all events, a safe rule to adopt that where the Vao Blarcom .• Hopkins. 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...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 1

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1835 - 818 pages
...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 such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1835 - 816 pages
...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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Cases in the Court of Common Pleas and Exchequer Chamber, Volume 6

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1839 - 1084 pages
...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...
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Precedents in Conveyancing: A Collection of Forms of Assurances of ..., Volume 3

Samuel Vallis Bone - Conveyancing - 1839 - 398 pages
...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,...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas - Law reports, digests, etc - 1839 - 956 pages
...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...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 1

Great Britain. Court of Common Pleas, Thomas James Arnold - Law reports, digests, etc - 1840 - 706 pages
...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...
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Cases Argued and Determined in the Court of Common Pleas: With ..., Volume 7

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1846 - 1126 pages
...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 such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause...
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A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the ...

Joseph Chitty - Contracts - 1841 - 1040 pages
...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...
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Martin's Practice of Conveyancing: With Forms of Assurances, Volume 3

Charles Davidson - Conveyancing - 1844 - 740 pages
...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 such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause...
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