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" No doubt but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing as well as against frauds in contracts; so that if reduced into writing contrary to the intent of the parties, on proper proof, that would be rectified. "
Irish Equity Reports - Seite 333
1841
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A Treatise on the Law of Evidence

Samuel March Phillipps - 1815 - 600 Seiten
...parties, Lord Hardwicke said (2), there could be no doubt, but that the Court of Chancery had jurisdiction to relieve in respect of a plain mistake in contracts...; so that if reduced into writing, contrary to the intention of the parties, on proper proof that would be rectified. " This," as Lord Eldon has observed...
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A Practical Treatise [o]f the Law of Vendors & Purchasers of Estates

Edward Burtenshaw Sugden - 1818 - 862 Seiten
...Royal Exchange Assurance Office (,v), Lord Hardwicke said, that no doubt but equity had jurisdiction to relieve in respect of a plain mistake in contracts in writing, as well as against frauds and contracts ; so that if reduced into writing, contrary to the intention of the parties, on...
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A treatise on the principles and practice of the High court of chancery

Henry Maddock - 1820 - 788 Seiten
...Child) (z), Equity will supply a defect in the execution («) ; the Court having equal Jurisdiction to relieve in respect of a plain mistake in contracts in Writing, as against frauds in Contracts : so that if reduced into Writing contrary to the intent of the Parties,...
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A Treatise on the Law of Insurance

Wendell Phillips - 1823 - 572 Seiten
...jurisdiction to relieve in regard to a plain mistake in contracts in writing, as well as against frauds in contracts, so that if reduced into writing contrary...to the intent of the parties, on proper proof, that would be rectified. But there ought to be the strongest proof possible.'(2) And the Supreme Court of...
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A Treatise on the Principles and Practice of the High Court of ..., Band 1

Henry Maddock - 1827 - 516 Seiten
...relieve in respect of a plain mistake in contracts in Writing, as against frauds in Contracts (3) : so that if reduced into Writing contrary to the intent of the Parties, on proper *proof, [*50 that will be rectified (¿). By proper proof, is meant, " reasonable presumption," as some say...
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Reports of Cases Argued and Determined in the High Court of ..., Band 6;Band 25

Great Britain. Court of Chancery - 1827 - 926 Seiten
...could not interfere ; and Lord Hardwicke says expressly, there is no doubt, the Court has jurisdiction to relieve in respect of a plain mistake in contracts in •writing as well as against frauds in contracts: so that, if reduced into writing contrary to the intent of the parties, on proper...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Band 17

New Jersey. Court of Chancery - 1868 - 624 Seiten
...Firmstone v, De Camp. have been from Ostend, the court said: "No doubt, but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing, as well as against frauds in contracts, so that if reduced into writing, contrary to the intent of the parties, on proper...
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Reports of Cases Argued and Determined in the High Court of Chancery: In the ...

Great Britain. Court of Chancery - 1831 - 564 Seiten
...this country, unless provisions to enemies. LORD CHANCELLOR. No doubt, but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing as well as against frauds in contracts ; so that if reduced into writing contrary to intent of the parties, on proper...
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A Treatise on the Law Relating to Insurance: In Three Parts, Viz. I.--Of ...

David Hughes - 1833 - 520 Seiten
...intention, Lord Hardwicke said, there could be no doubt but that the Court of Chancery had jurisdiction to relieve, in respect of a plain mistake in contracts in writing, as well as against frauds in contracts ; so that, if the policy were reduced into writing contrary to the intention of...
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Reports of Cases Decided in the Court of Chancery of the State of New Jersey

N. Saxton, New Jersey. Court of Chancery - 1836 - 766 Seiten
...it should have been from Ostend only. Ld. Hardwick says, "no doubt but this court has jurisdiction to relieve, in respect of a plain mistake in contracts in writing, as well as against frauds in contracts, so that if reduced into writing contrary to the intent of the parties, on proper...
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