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" ... where the misdescription, although not 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, that, but for such misdescription, the purchaser might never... "
A Compendium of the Law and Practice of Vendors and Purchasers of Real Estate - Page 62
by Joseph Henry Dart, Thomas Whitney Waterman - 1883 - 856 pages
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 63

New Jersey. Court of Chancery - Law reports, digests, etc - 1903 - 930 pages
...safe rule to adopt that where the Vao Blarcom .• Hopkins. misdescription, although not proceeding from fraud, is, in a material and substantial point,...never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 1

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1835 - 818 pages
...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,...never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of...
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Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1835 - 816 pages
...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 of the contract that it may reasonably be supposed, that, but for such misdescription,...
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Cases in the Court of Common Pleas and Exchequer Chamber, Volume 6

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1839 - 1084 pages
...think it is at all events a safe rule to adopt, that, where the miidescription, although not proceeding from fraud, is in a material and substantial point,...contract that it may reasonably be supposed, that, tub for such misdescriptinn, the purchaser might never have entered into the contract at all, in such...
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Precedents in Conveyancing: A Collection of Forms of Assurances of ..., Volume 3

Samuel Vallis Bone - Conveyancing - 1839 - 398 pages
...think it is, at all events, a safe rule to adopt, that where the description, although not 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 that, but for such misdescription,...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 1

Great Britain. Court of Common Pleas, Thomas James Arnold - Law reports, digests, etc - 1840 - 706 pages
...mere accidental misstatement, still it is a misdescription in so material and substantial a point, that it may reasonably be supposed that, but for such misdescription, the plaintiff would not have entered into the contract, and therefore, he is entitled to avoid it ; and...
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Cases Argued and Determined in the Court of Common Pleas: With ..., Volume 7

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1846 - 1126 pages
...by auction of leasehold property, there is in the printed particulars of sale, a misdescription in a substantial point, so far affecting the subject-matter...might never have entered into the contract at all, the contract is void, notwithstanding a clause providing that, " if through any mistake, the estate...
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Martin's Practice of Conveyancing: With Forms of Assurances, Volume 3

Charles Davidson - Conveyancing - 1844 - 740 pages
...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,...never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - Evidence (Law) - 1844 - 910 pages
...think it is at all events a safe rule to adopt, that when the misdescription, although not proceeding from fraud, is in a material and substantial point...never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1845 - 1114 pages
...sale by auction of leasehold property, there is in the printed particulars of sale a misdescription in a material and substantial point, so far affecting...might never have entered into the contract at all, the contract is altogether avoided, notwithstanding a clause providing that, " if through any mistake,...
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