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" 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. "
The Pacific Reporter - Page 110
1907
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 60

Connecticut. Supreme Court of Errors - 1891 - 672 pages
...the interference of a court of equity, is defined by the civil code of New York as follows : — " Mistake of fact is a mistake, not caused by the neglect...the person making the mistake, and consisting in, 1st, an unconscious ignorance or forgetfulness of a fact past or present, material to the contract...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 226

Illinois. Supreme Court - 1907 - 710 pages
...(i) a belief in the present existence of a thing material to the contract which does not exist; (2) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract ; (3) the doing of an act under an erroneous conviction, which act, but for such conviction, would...
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Cases Decided in the Court of Claims of the United States, Volume 80

United States. Court of Claims - 1936 - 940 pages
...was offered and accepted. Unconscious ignorance by both parties of a fact material to the contract or belief in the present existence of a thing material to the contract constitutes a mutual mistake of fact. In Colorado Milling <& Elevator Co. v. Howbert, 57 Fed. (2d)...
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Revised Laws of the State of California: In Four Codes : Political ..., Volume 2

California, California. Commission to Revise the Laws of California - 1871 - 894 pages
...granted. NYCC, Sec. 761. Mintako SEO. 1577. -Mistake of fact is a mistake, not caused bv of flirt. the neglect of a legal duty on the part of the person...and consisting in— 1. An unconscious ignorance or forgetfulncas of a fact past or present, material to tho contract; or, 2. Belief in tho present existence...
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THE PRINCIPLES OF EQUITY: A TREATISE ON THE SYSTEM OF JUSTICE ADMINISTERED ...

GEO. TUCKER BISPHAM - 1874 - 610 pages
...original position, or where the rights of bond fide purchasers, without notice, have intervened.2 190. A mistake of fact is a mistake not caused by the neglect of legal duty on the part of the person making the mistake, and consisting in an unconsciousness, ignorance,...
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Commentaries on Equity Jurisprudence: Founded on Story

Sir Thomas Wardlaw Taylor - 1875 - 640 pages
...much more liberally where the mistake is in matter of fact, than where it is in matter of law. 99. Mistake of fact, is a mistake not caused by the neglect of legal duty on the part of the person making the mistake, and consisting in an unconsciousness(e), ignorance^/,),...
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The Civil Code of the State of California: As Enacted in 1872, and Amended ...

California - 1876 - 622 pages
...distress. § 1576. Mistake may be either of fact or law. 1 . An unconscions ignorance or f orgetfulness of a fact past or present, material to the contract ; or, 2. Relief in the present existence of a thing material to the contract, which does not exist, or in the...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 263-264

1920 - 2100 pages
...which has been quoted, the mistake of fact which authorizes a decree of rescission or cancellation is "a mistake not caused by the neglect of a legal...on the part of the person making the mistake," and may consist in an unconscious forgetfulness of a present or past fact material to the contract. The...
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A Treatise on Equity Jurisprudence: As Administered in the United ..., Volume 2

John Norton Pomeroy - 1882 - 844 pages
...the essential notions which I have attempted to explain, and are both accurate and comprehensive. " Mistake of fact is a mistake, not caused by the neglect...which does not exist, or in the past existence of euch a thing which has not existed."1 " Mistake of law constitutes a mistake, only when it arises from:...
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A Treatise on the Law of Fraud and Mistake

William Williamson Kerr - 1883 - 640 pages
...negligence; both are harmless when not so (/). Mistake of fact is a mistake not caused by the neglect of legal duty on the part of the person making the mistake (<)), and consisting in an unconsciousness (/<), ignorance (i), or forgetfulness (k) of a fact past (I) or present (m), material...
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