 | Connecticut. Supreme Court of Errors - 1891 - 672 Seiten
...of a legal duty on the part of the person making the mistake, and consisting in, 1st, an unconscious ignorance or forgetfulness of a fact past or present, material to the contract ; or, 2d, belief in the present existence of a thing material which does not exist, or in the past existence... | |
 | Illinois. Supreme Court - 1907 - 710 Seiten
...the present existence of a thing material to the contract which does not exist; (2) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract ; (3) the doing of an act under an erroneous conviction, which act, but for such conviction, would... | |
 | New York (State). Commissioners of the Code, New York (State). - 1865 - 896 Seiten
...or, 2. Belief in the present existence of a thing material to the contract, which does not exist,7 or in the past existence of such a thing, which has not existed.8 1 U. 8. Bank v. Bank of Georgia, 10 Wheat., 343. 1 itcDauiels v. Bank of Rutland, 29 Vt.,... | |
 | United States. Court of Claims - 1936 - 940 Seiten
...was offered and accepted. Unconscious ignorance by both parties of a fact material to the contract or belief in the present existence of a thing material to the contract constitutes a mutual mistake of fact. In Colorado Milling <& Elevator Co. v. Howbert, 57 Fed. (2d)... | |
 | 1920 - 2100 Seiten
...of a legal duty on the part of the person making the mistake and consisting in: "(1) An unconscious ignorance or forgetfulness of a fact past or present...does not exist, or in the past existence of such a tiling which has not existed." [3] An enlargement of equitable rights given by a state statute may... | |
 | John Norton Pomeroy - 1882 - 844 Seiten
...of a legal duty on the part of the person making the mistake, and consisting in: 1. An unconscious ignorance or forgetfulness of a fact past or present,...which does not exist, or in the past existence of euch a thing which has not existed."1 " Mistake of law constitutes a mistake, only when it arises from:... | |
 | 1886 - 1338 Seiten
...intentions of the parties: Civ. Code, sec. 3399. A mistake, as defined by the code, is: "1. An unconscious ignorance or forgetfulness of a fact past or present,...existence of such a thing which has not existed:" Civ. Code, sec. 1577. In the construction of a pleading for the purpose of determining its effect,... | |
 | 1886 - 930 Seiten
...of the parties. Section 3399, Civil Code. A mistake, as denned by the Code, is: "(1) An unconscious ignorance or forgetfulness of a fact, past or present,...exist, or in the past existence of such a thing which lias not existed." Section 1577, Civil Code. In the construction of a pleading, for the purpose of... | |
 | 1910 - 1168 Seiten
...unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or, second, belief in the present existence of a thing material...existence of such a thing, which has not existed." This section of the Oklahoma statute seems to be identical with Civ. Code Cal. $ 1577. above referred... | |
 | 1899 - 1206 Seiten
...there was not "an unconscious Ignorance • » • of a fact material to the contract"; nor was there a "belief In the present existence of a thing material to the contract which did not exist." 3. It is claimed by appellant that there was no adequate consideration for the contract.... | |
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Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or, 2. Belief in... 
