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Books Books 1 - 10 of 26 on But where the parties treat upon the basis that the fact which is the subject of....
" 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... "
Digest of the decisions of the courts of common law and admiralty in the ... - Page 106
by Theron Metcalf, Jonathan Cogswell Perkins, George Ticknor Curtis - 1860
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 3

Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - Law reports, digests, etc - 1821
...basis that the tact which is the subject of the, agreement is doubtful, and the consequent risk each is to encounter, is taken into consideration in the...opposite party that would affect any other contract. Perkin.1 v. Gay. . . PAGK 3-27 2. Where the defendant agreed on a sale of land to refund the money...
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A Digest of the Reported Cases Adjudged in the Several Courts Held ..., Volume 1

Thomas Isaac Wharton - Law reports, digests, etc - 1843
...the stipulations assented !o, the contract will be valid, notwithstanding any mistake of one of (he parties, provided there be no concealment or unfair...opposite party, that would affect any other contract. Ibid. 31. Where the price given for an article is unreasonable or inadequate, or the contract is, in...
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A selection of leading cases in equity: with notes, Volume 3

Frederick Thomas White, Owen Davies Tudor, John Innes Clark Hare, Horace Binney Wallace - Equity - 1859
...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...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...
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The Pacific Reporter, Volume 23

Law reports, digests, etc - 1890
...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...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. * *...
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The American Decisions: Containing All the Cases of General Value ..., Volume 8

Law reports, digests, etc - 1886
...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...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...
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Atlantic Reporter, Volume 79

Law reports, digests, etc - 1911
...doubtful, and the consequent risk each is to encounter is taken into consideration in the stimulations assented to, the contract will be valid, notwithstanding...one of the parties, provided there be no concealment nor unfair dealing by the opposite party that would affect any other contract. [Ed. Note. — For other...
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The Pacific Reporter, Volume 23

Law reports, digests, etc - 1890
...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...opposite party that would affect any other contract. * * * Every compromise of ;i doubtful right depends on this principle. * * * There is an express mutual...
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Rights, Remedies, and Practice, at Law, in Equity, and Under the ..., Volume 5

John Davison Lawson - Actions and defenses - 1890
...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...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...
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The American State Reports: Containing the Cases of General Value ..., Volume 74

Abraham Clark Freeman - Law reports, digests, etc - 1900
...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 Is valid notwithstanding any mistake of one of the parties: Perkins v. Gay, 3 Serg. & R. 327, 8 Am....
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 82

California. Supreme Court - Law reports, digests, etc - 1906
...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...opposite party that would affect any other contract Every compromise of a doubtful right depends on this principle There is an express mutual abandonment...
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