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... The Pacific Reporter - Seite 3301892Vollansicht - Über dieses Buch
| Connecticut. Supreme Court of Errors - 1891 - 672 Seiten
...equity, is defined by the civil code of New York as follows : — " 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, 1st, an unconscious ignorance or forgetfulness of... | |
| 1920 - 2100 Seiten
...jointly interested with such Party." Section 5854 provides as follows: "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... | |
| John Norton Pomeroy - 1882 - 844 Seiten
...attempted to explain, and are both accurate and comprehensive. " 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... | |
| Abraham Clark Freeman - 1893 - 1056 Seiten
...mistakes were the result of the negligence of the vendee, and sets out the facts, a finding by the court that " these mistakes were caused by the neglect of a legal duty on the part of the plaintiff," is a conclusion of law, and not a finding of fact, and in the absence of other findings,... | |
| California. Supreme Court - 1895 - 1104 Seiten
...alleged in the complaint of the purchaser, were occasioned by her own negligence, a finding by the court that " these mistakes were caused by the neglect of a legal duty on the part of the plaintiff," is not a finding of fact upon such allegations, but is a conclusion of law, and the... | |
| Abraham Clark Freeman - 1899 - 996 Seiten
...legal consequences of retaining such language in the deed. But a 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 an unconscious ignorance or forgetfulness of a fact,... | |
| James Henry Deering - 1900 - 892 Seiten
...Cooper, 119 Cal. 463.) 2. A "mistake of fact'' is defined in section 1577 of the Civil Code as one "not caused by the neglect of a legal duty on the part of the person making the mistake." The neglect of the legal duty of the owner of property to see that... | |
| 1901 - 1242 Seiten
...MORTGAGE-FALSE REPRESENTATIONS—MISTAKE OF FACT— FINDINGS. 1. A mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake. 2. One who fails, through culpable inertness, to make inquiry when it... | |
| 1905 - 1004 Seiten
...18 Misc. 256. 41 NY Supp. 512. A mistake of fact is concisely defined by Pomeroy as "a mistake not caused by the neglect of a legal duty on the part of a person making the mistake, and consisting in (1) an unconscious ignorance or forgetful204 205 ness... | |
| Montana. Supreme Court - 1913 - 716 Seiten
...by the express terms of section 4983, Revised Codes, to-wit : ' ' Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake." There can scarcely be any question that failure to read carefully a... | |
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