 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1835 - 816 pages
...subject to a reference of property, there is in the printed particulars of sale a misdeicriplion in a material and substantial point, so far affecting...might never have entered into the contract at all, the contract is iltogether avoided, notwithstanding a clause providing that " if, through any mistake,... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1846 - 1126 pages
...printed particulars of sale, a misdescription in a substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed...might never have entered into the contract at all, the contract is void, notwithstanding a clause providing that, " if through any mistake, the estate... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1845 - 1114 pages
...particulars of sale a misdescription in a material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed...might never have entered into the contract at all, the contract is altogether avoided, notwithstanding a clause providing that, " if through any mistake,... | |
 | Great Britain. Court of King's Bench, Edmund Saunders - Law reports, digests, etc - 1845 - 968 pages
...vendor has misdescribed the subject-matter of the contract in a material and substantial point, so that it may reasonably be supposed that, but for such...might never have entered into the contract at all, the purchaser may rescind the contract. 1 Bing. NC 370. Flightv. Booth. 1 Scott, 190. SC 1 M. & W.... | |
 | Great Britain. Court of Exchequer, Edward Younge, John Collyer - Equity - 1846 - 638 pages
...not proceeding from fraud, does in a material and substantial point so far affect the subject-matter of the contract, that it may reasonably be supposed...in such case the contract is avoided altogether." In the present case the object of the purchaser is entirely put an end to. His object was to build... | |
 | Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...for, and agreed to be purchased and sold, or of the nature, or situation, or extent of the property in a material and substantial point, so far affecting...be supposed that but for such misdescription, the contract would never have been made, at once releases the purchaser from the bargain. And if the conditions... | |
 | Joseph Henry Dart - Real property - 1851 - 1234 pages
...proceeding " > from fraud, is, in a material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed...never have entered into the contract at all, in such a case the contract is avoided altogether, and he is not bound to resort to the clause of compensation... | |
 | Joseph Chitty - Contracts - 1855 - 1120 pages
...not proceed from fraud, is in a material and substantial point, and so far affects the subject-matter of the contract, that it may reasonably be supposed that, but for such misdescription, the purchaser would never have entered into the contract at all, the contract is avoided altogether, and the purchaser... | |
 | Law - 1856 - 782 pages
...events, a safe rule to adopt that where the misdescription, although not proceedingfrom fraud, is, in a material and substantial point, so far affecting...misdescription, the purchaser might never have entered into tlfe contract at all, in such case thecontract is avoided altogether." [Richards, B — Was that in... | |
| |
In this state of discrepancy between the decided cases we think it is, at all events, a safe rule to adopt, that where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter... 
