| William Theophilus Brantly - Contracts - 1912 - 590 pages
...case where a contract by a man to purchase his own property was held to be void, Lord Westbury said: "Private right of ownership is a matter of fact; it...law; but if parties contract under a mutual mistake or misapprehension as to their relative and respective rights, the result is that the agreement is... | |
| Fīrōzshāh Nasarvānjī Daruvālā - Consideration (Law) - 1914 - 700 pages
...when the word jus is used in the sense of denoting a private right, that maxim has no application. The private right of ownership is a matter of fact ; it may be the result also of matter of law ; but if the parties contract under a mutual mistake, and misapprehension as to their relative and respective... | |
| Henry Campbell Black - Contracts - 1916 - 994 pages
...maxim has no application. Private right of ownership is a matter of fact ; it may also be the result of matter of law; but if parties contract under a...relative and respective rights, the result is that the agreement is liable to be set aside as having proceeded upon a common mistake." 28S So it was said... | |
| Edward Sampson Thurston - Quasi contracts - 1916 - 650 pages
...149, Lord Westbury said: 'Private right of ownership Is a matter of fact; It may be also the result of matter of law; but If parties contract under a mutual mistake as to their relative and respective rights, the result Is that that agreement Is liable to be set aside,... | |
| Edward Sampson Thurston - Quasi contracts - 1916 - 652 pages
...under the influence of such a mistake.' In Cooper v. I'hibbs (1SG7) LR 2 HL 149, Lord Westbury said: 'Private right of ownership is a matter of fact; it may be also the 'result of matter of law; but if parties contract under a mutual mistake as to their relative... | |
| Edwin Hamlin Woodruff - Electronic books - 1917 - 680 pages
...when the word 'jus' is used in the sense of denoting a private right, that maxioi has no application. Private right of ownership is a matter of fact; it...contract under a mutual mistake and misapprehension as tn their relative and respective rights, the result is, that that agreement is liable to be set aside... | |
| Joseph Story - Equity - 1918 - 752 pages
...will grant relief, although the mistake arose from an erroneous view of the legal effect of a deed. Private right of ownership is a matter of fact. It may be the result also of matter of law ; but, if the parties contract under a mutual mistake and misapprehension as to their relative and respective... | |
| George Luther Clark - Equity - 1919 - 700 pages
...when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact: it may be the result also of matter of law;8 but if parties contract under a mutual mistake and misapprehension as to their relative and respective... | |
| George Luther Clark - Equity - 1919 - 824 pages
...when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact: it may be the result also of matter of law;5 but if parties contract under a mutual mistake and misapprehension as to their relative and respective... | |
| Samuel Williston - Contracts - 1920 - 1164 pages
...when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it...contract under a mutual mistake and misapprehension as to then- relative and respective rights, the result is, that that agreement is liable to be set aside... | |
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