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" Mistake of law constitutes a mistake, within the meaning of this article, only when it arises from: 1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the... "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Page 803
by New Jersey. Court of Chancery - 1898
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - 550 pages
...that they knew and understood it, and all making substantially the same mistake as to the law;1 2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify. 1 Many v. Bcekman Iron Co., 9 Paige, 188 ; Hall «. Reed,...
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The Civil Code of the State of New York: Reported Complete by the ...

New York (State). Commissioners of the Code, New York (State). - 1865 - 896 pages
...that they knew and understood it, and all making substantially the same mistake as to the law;1 or, 2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify.2 1 Many v. Beckraan Iron Co., 9 Paige, 188; Hall v. Reed,...
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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
...the}' knew and understood it, and all making *iib»ttintially the same mistake as to the law; or, 2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify. tiote to Siibd. 1.—Many vs. Beekman Iron Co., 9 Paige,...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 6

1881 - 1112 pages
...deceive. "Ssc. 1576. Mistake may be either of fact or law. "SEC. 1578. Mistake of 'law is: * * * 2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify." It is fair to presume that the attorney of defendants'...
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A Treatise on Equity Jurisprudence: As Administered in the United ..., Volume 2

John Norton Pomeroy - 1882 - 844 pages
...that they knew and understood it, and all making substantially the same mistake as to the law; or 2. A misapprehension of the law by one party, of which the others are aware at the time of con1 Civil Code of NY (proposed), 4 Price, 135; Hastie v. Couturier, 9 §762; Civil Code of Cal. §1577....
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The Pacific Reporter, Volume 148

1915 - 1200 pages
...through mistake, defining a "mistake of law" as a misapprehension of the law by all the parties or by one party of which the others are aware at the time of contracting, and authorizing a party to rescind a contract where the consent of the party rescinding...
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An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 422 pages
...that they knew and understood it, and all making substantially the same mistake as to the law ; or, 2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify. 8 994. Mistake of foreign laws is a mistake of fact. Mistake...
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The American and English Encyclopedia of Law, Volume 15

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1891 - 1354 pages
...all supposing that they knew and understood it and all making the same mistake as to the law; or (2) a misapprehension of the law by one party of which the others are aware at the time of contracting, but which they do not rectify. Civ. Code Cal., § 1578. 1. Nabours v. Cocke, 24 Miss....
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Lawyers' Reports Annotated, Book 40

1898 - 932 pages
...all supposing that they knew and understood it and all making the same mistake as to the law; or (2) a misapprehension of the law by one party of which the others are aware at the time of contracting, but which they do not rectify. 1") Am. & Eng. Enc. Law, p. 635, note; United States v....
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The Pacific Reporter, Volume 77

1904 - 1164 pages
...that they knew and understood it, and all making substantially the same mistake as to the law; or (2) A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify." It is readily perceived that plaintiff's action is attempted...
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