 | New Jersey. Court of Chancery - 1898 - 924 Seiten
...other party. * * * The scope and limitations of this doctrine may be summed up in the proposition that a misapprehension of the law by one party of which the others are aware at the time of entering into the transaction, but which they do not rectify, is a sufficient ground for equitable... | |
 | New York (State). Commissioners of the Code - 1862 - 538 Seiten
...article, only when it arises from 1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law;' 2. A misapprehension of the law by one party, of which the others are aware at the time of contracting,... | |
 | New York (State). Commissioners of the Code - 1862 - 550 Seiten
...article, only when it arises from 1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law;1 2. A misapprehension of the law by one party, of which the others are aware at the time of contracting,... | |
 | New York (State). Commissioners of the Code, New York (State). - 1865 - 896 Seiten
...Mutuality of consent. consent. id. 1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law;1 or, 2. A misapprehension of the law by one party, of which the others are aware at the time of... | |
 | California, California. Commission to Revise the Laws of California - 1871 - 894 Seiten
...law by all parties, all supposing that the}' knew and understood it, and all making *iib»ttintially the same mistake as to the law; or, 2. A misapprehension...time of contracting, but which they do not rectify. tiote to Siibd. 1.—Many vs. Beekman Iron Co., 9 Paige, 188 : Hall vs. Heed, 2 Barb. Ch., 501: see... | |
 | 1881 - 1112 Seiten
...to deceive. "Ssc. 1576. Mistake may be either of fact or law. "SEC. 1578. Mistake of 'law is: * * * 2. A misapprehension of the law by one party, of which...time of contracting, but which they do not rectify." It is fair to presume that the attorney of defendants' testator, at the time he requested plaintiffs... | |
 | 1881 - 1116 Seiten
...to deceive. " SEC. 1576. Mistake may be either of fact or law. "SEC. 1578. Mistake of law is: * * * 2. A misapprehension of the law by one party, of which...at the time of contracting, but which they do not rect is fair to presume that the attorney of defendants' testator, at the time he requested plaintiffs... | |
 | John Norton Pomeroy - 1882 - 844 Seiten
...mistake, only when it arises from: 1. A misnpprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially...party, of which the others are aware at the time of con1 Civil Code of NY (proposed), 4 Price, 135; Hastie v. Couturier, 9 §762; Civil Code of Cal. §1577.... | |
 | 1922 - 1152 Seiten
...controlling here. A mistake of law may be a sufficient ground for setting aside a contract where there is "a misapprehension of the law by one party, of which...time of contracting, but which they do not rectify." Civ. Code, § 1578, subd. 2. In the case at bar, according to the etidence, not only did this condition... | |
 | 1915 - 1200 Seiten
...through mistake, defining a "mistake of law" as a misapprehension of the law by all the parties or by one party of which the others are aware at the time of contracting, and authorizing a party to rescind a contract where the consent of the party rescinding was given by... | |
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Mistake of law constitutes a mistake, within the meaning of this article, only when it arises from: 1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the... 
