 When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved,...  The Pacific Reporter - Page 1951915Full view - About this book
 | California, California. Commission to Revise the Laws of California - California - 1871 - 894 pages
...Enforcement of rtvised contract. SEC. 3399. When, through f'nuid or a mutual mistake of the parlies, or a mistake of one party, which the other at the time knew or suspected, a wriiteu contract does not truly express the intention of the parties, it may be revised on the application... | |
 | California - Civil law - 1876 - 626 pages
...fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time tnew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done... | |
 | California - Civil law - 1876 - 612 pages
...mutual mistake of the parties, or a mistake of one party, which the other at the time cnew or snspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done... | |
 | California - Civil law - 1876 - 622 pages
...revision. 3402. Enforcement of revised contract. § 3399. When, through fraud or a mutual mistake of tho parties, or a mistake of one party, which the other at the time «new or suspected, a written contract does not truly express the intention of the parties, it may... | |
 | Law reports, digests, etc - 1884 - 880 pages
...plaintiff, at the time of signing ii , supposed that it did truly express said agreement. This constituted " a mistake of one party, which the other at the time knew or suspected," and the party aggrieved is entitled to have the instrument revised so as to express the real intention... | |
 | Law reports, digests, etc - 1886 - 1338 pages
...agreement, because it does not show that there was any mutual mistake of the parties in making it, or a mistake of one party which the other at the time knew of suspected, and because the allegation that at the time the agreement was executed it was intended... | |
 | New York (State). - Civil law - 1885 - 422 pages
...parties, or mistake of one party, which the other at the be revisedtime knew, or ought to have known, a written contract does not truly express the intention of the parties, it may be revised on the application of the party aggrieved so as to express that intention so far as it can be done... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - Real property - 1892 - 832 pages
...Section 3399 of the Civil Code of California is as follows: "When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the...express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1897 - 1070 pages
...section 3399 of the Civil Code it is enacted as follows: "When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written instrument does not truly express the intention of the parties, it may be revised on the application... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1898 - 668 pages
...Civil Code, affirmative of an equity doctrine, reads : "When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the...express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done,... | |
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