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Books Books 11 - 20 of 23 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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Commentaries on the Law of Contracts: Being a Consideration of the ..., Volume 1

William Frederick Elliott - Contracts - 1913
...both of the parties held a mistaken opinion relative to the doubtful subject-matter of the agreement, provided there be no concealment or unfair dealing...opposite party that would affect any other contract. This principle applies to insurance contracts and every compromise of a doubtful right.81 105. As...
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Reports of cases determined in the district courts, Volume 25

1915
...398 : "Where the parties treat upon the basis that the fact is doubtful, and the consequent risk each is to encounter is taken into consideration in the...notwithstanding any mistake of one of the parties." The rule is elaborated in 2 Pomeroy on Equity Jurisprudence, sec. 855, quoted in Colton v. Stanford,...
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The Pacific Reporter, Volume 143

Law reports, digests, etc - 1915
...398: "Where the parties treat upon the basis that the fact is doubtful, and the consequent risk each is to encounter is taken into consideration in the...notwithstanding any mistake of one of the parties." The rule is elaborated in 2 Pomeroy on Eq. Juris. 855, quoted in Colton v. Stanford, 82 Cal. 351,...
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A Treatise on the Rescission of Contracts and Cancellation of ..., Volume 1

Henry Campbell Black - Rescission (Law) - 1916 - 1779 pages
...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...concealment or unfair dealing by the opposite party such as would affect any other contract.28 So, a contract to report the testimony at a judicial hearing...
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Dauphin County Reports, Volume 24

Administrative law - 1921
...doubtful, and the consequent risk each is to encounter is taken into consideration in the stipulation assented to, the contract will be valid notwithstanding...party, that would affect any other contract." Perkins vs Gay, 3 S. & R. 327, 331 ; Brown vs Sloan, 6 Watts, 42; Logan vs Mathews, 6 Pa. 417; Gaynor vs Quinn,...
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Decisions of the War Department Board of Contract Adjustment, Volume 5

United States. War Department. Board of Contract Adjustment - Defense contracts - 1921
...the basis that the fact which is the subject of agreement is doubtful and the consequent risk each is to encounter is taken into consideration in the...notwithstanding any mistake of one of the parties, providing there be no concealment or unfair dealing by the opposite party that would affect any other...
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California Jurisprudence: A Complete Statement of the Law and ..., Volume 4

Law - 1921
...But where the parties treat upon the basis that the fact 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.14 A mistake as to acreage in a petition...
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Awards ... First Division, National Railroad Adjustment Board, Volume 18

United States. National Railroad Adjustment Board - Arbitration, Industrial
...available, and the consequent risk each is to encounter is taken into consideration in the stipulation assented to, the contract will be valid notwithstanding any mistake of one of the parties. 13 CJ 376; THE STANLEY H. MINER, 172 Fed. 486; DENVER & SL RY. CO. vs. MOFFAT TUNNEL IMPROVEMENT DISTRICT,...
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Atlantic Reporter, Volume 79

Law reports, digests, etc - 1911
...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...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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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 25

Law reports, digests, etc - 1915
...398 : "Where the parties treat upon the basis that the fact is doubtful, and the consequent risk each is to encounter is taken into consideration in the...notwithstanding any mistake of one of the parties." The rule is elaborated in 2 Pomeroy on Equity Jurisprudence, sec. 855, quoted in Colton v. Stanford,...
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