 | Joseph Story - Equity - 1839 - 658 pages
...that is, mistakes of fact, there is not so much difficulty. The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in Equity. The ground of this distinction between ignorance of law and ignorance of fact seems to be, that, as every... | |
 | United States. Supreme Court - Law reports, digests, etc - 1847 - 844 pages
...culpable negligence." Story's Equity Jurisprudence, 156. " The general rule is, that an act alone, or contract made under a mistake or ignorance of a material fact, is voidable and relievable in equity." Ibid., 155. If instruments be delivered up by mistake, and owing to ignorance of a transaction which... | |
 | Joseph Henry Dart - Real property - 1851 - 1234 pages
...(*) Sug. 36. (a) Flight v. Booth, \ Bing. NC 370,377. [1] It is a general rule that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in law and equity. No person can be presumed acquainted with all matters of fact. Neither i? it possible,... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...the effect of a mistake of matters o/ fact upon contracts 1 The general rule is, that an act done or contract made under a mistake or ignorance of a material fact, is voidable and relievable in equity. The ground of this distinction between ignorance of law and ignorance of fact, seems to be. that as every... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...to a stranger, it cannot be said to be done by duress. [2] It is a general rule that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in law and equity. No person can be presumed acquainted with all matters of fact. Neither is it possible,... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1867 - 642 pages
...other party. — 1 Story's Eq. Jur. § 193, note 2. •3. The general rule is that an act done, or contract made under a mistake, or ignorance of a material fact, is voidable in equity. — 1 Story's Eq. Jur. § 140; 1 Vez. 126; 1 Ves. 210. 4. The defendants are responsible... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1859 - 706 pages
...land conveyed. In regard to mistakes of fact, Story says the general rule is, that an act done, or contract made, under a mistake, or ignorance of a...material fact, is voidable and relievable in equity. (1 Story's Eq. 140.) There must not be any culpable negligence. The fact must be material to the act... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1866 - 610 pages
...upon the ignorant party. 1 Story Eq. Juris. Sec. 147. C. The general rule is, that an act done, or contract made under a mistake, or ignorance of a material fact, is avoidable, and relievable in equity. Id. 140. D. A promise to pay a note under ignorance of facts,... | |
 | Joseph Story - Equity - 1866 - 860 pages
...that is, mistakes of fact, there is not so much difficulty. The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in equity. The ground of this distinction between ignorance of law and ignorance of fact seems to be, that, as every... | |
 | New Jersey. Court of Chancery, Charles Ewing Green - Equity - 1867 - 614 pages
...f-articeps criminis, however innocent of the fraud in its inception. 5. Equity will relieve against a contract made under a mistake, or ignorance of a material fact; not only where there has been a concealment of facts by one party, but also in cases of mutual mistake... | |
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The general rule is, that an act done, or contract made, under a mistake or ignorance of a material fact, is voidable and relievable in equity. 
