 | 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... | |
 | 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... | |
 | New York (State). Commissioners of the Code, New York (State). - 1865 - 896 pages
...mistake, and consisting in : 1. An unconscious2 ignorance3 or forgetfuluess4 of a fact past* or present,6 material to the contract ; or, 2. Belief in the present...of a thing material to the contract, which does not exist,7 or in the past existence of such a thing, which has not existed.8 1 U. 8. Bank v. Bank of Georgia,... | |
 | 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)... | |
 | 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... | |
 | 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,... | |
 | Sir Thomas Wardlaw Taylor - 1875 - 632 pages
...factr 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^/), or forgetfulness(jr), of a fact past(/i), or present(t), material... | |
 | 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^/,),... | |
 | 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... | |
 | 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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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. 
