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Books Books 21 - 22 of 22 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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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 27

Law reports, digests, etc - 1891
...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. (Carr v. Carr, 1 P. Wms. 726 ; Pullon v. Ready, 1 Atk. 587 ; Jones v. Randall, Cowp. 37.)' " Every...
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California Appellate Decisions, Volume 19

California. District Courts of Appeal - Law reports, digests, etc - 1914
...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., sec. 855, luoted in Cotton v. Stanford, 82 Cal....
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