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" Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality but that either on the one side from superior knowledge of the matter derived from a fiduciary... "
A Treatise on Equity Jurisprudence: As Administered in the United States of ... - Page 457
by John Norton Pomeroy - 1882
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 49

New Jersey. Court of Chancery - 1893 - 690 pages
...such a character as to render it certain that they do not deal on terms of equality, but that either on the one side from superior knowledge of the matter...stronger party to show affirmatively that no deception was practiced, no undue influence was used, and that all was fair, open, voluntary and well understood."...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 39

New Jersey. Court of Chancery - 1885 - 678 pages
...such a chaiacter as to render it certain that they do not deal on terms ' of equality, but that either on the one side, from superior knowledge of the matter...unfair advantage in a transaction is rendered probable, then the burden is shifted, the transaction is presumed void, and it is incumbent on the stronger party...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 58

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 - 1886 - 744 pages
...such a character as to render it certain that they do not deal on terms of equality but that either on the one side from superior knowledge of the matter...stronger party to show affirmatively that no deception was practiced, no undue influence was used, and that all was fair, open, voluntary and well understood."...
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The American Reports: Containing All Decisions of General ..., Volume 31

Isaac Grant Thompson - 1880 - 886 pages
...such a character as to render it certain that they do not deal on terms of equality, but that either on the one side, from superior knowledge of the matter...weakness, dependence, or trust justifiably reposed, unfaii advantage in a transaction is rendered probable, there the burden i* shifted, the transaction...
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The Pacific Reporter, Volume 170

1918 - 1210 pages
...fraud vitiates all contracts, but as a general thing it is not presumed, but must be proved. * * * Whenever, however, the relations between the contracting...stronger party to show affirmatively that no deception was practiced, no undue influence was used, and that all was fair, open, voluntary, and well understood....
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The Northeastern Reporter, Volume 35

1894 - 1172 pages
...such a character as to render it certain that they do not deal on terms of equality, but that, either, on the one side, from superior knowledge of the matter, derived from a fiduciaiy relation, or from overmastering influence, or, on the other, from weakness, dependence, or...
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Atlantic Reporter, Volume 14

1888 - 972 pages
...that they did not deal on terms of equality, but that, either on the one side, from superior knowledge derived from a fiduciary relation, or from overmastering...stronger party to show affirmatively that no deception was practiced, no undue influence was used, and that all was fair, open, voluntary, and well understood....
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The Atlantic Reporter, Volume 112

1921 - 954 pages
...on equal terms, but that on the one side * • * from overmastering influence, or on the other side, from weakness, dependence, or trust justifiably reposed,...unfair advantage in a transaction is rendered probable, and the burden is shifted, and the transaction is presumed void, and it is incumbent upon the party...
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Atlantic Reporter, Volume 36

1897 - 1162 pages
...equal terms, but that on the one side, • • * from overmastering influence, or on the other side, from weakness, dependence, or trust justifiably reposed,...unfair advantage in a transaction Is rendered probable, then the burden Is shifted, and the transaction Is presumed void; and it is Incumbent upon the party...
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The New York Supplement, Volume 189

1921 - 1162 pages
...such a character as to render it certain that they do not deal on terms of equality, but that either on the one side from superior knowledge of the matter...influence, or on the other from weakness, dependence, or trost justifiably reposed, unfair advantage In a transaction is rendered probable, there the burden...
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