 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891 - 672 pages
...defined by the civil code of New York as follows : — " 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, 1st, an unconscious ignorance or forgetfulness of a fact past or present, material to the contract... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 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... | |
 | United States. Court of Claims - Law reports, digests, etc - 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 - 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
...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, or forgetfuluess of a fact past or present, material to the transaction;... | |
 | Sir Thomas Wardlaw Taylor - Equity - 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... | |
 | Law reports, digests, etc - 1920 - 2100 pages
...mistake of fact which authorizes a decree of rescission or cancellation is "a mistake not caused by the neglect of a legal duty 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... | |
 | John Norton Pomeroy - Equitable remedies - 1882 - 844 pages
...to explain, and are both accurate and comprehensive. " Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person...which does not exist, or in the past existence of euch a thing which has not existed."1 " Mistake of law constitutes a mistake, only when it arises from:... | |
 | William Williamson Kerr - Fraud - 1883 - 640 pages
...negligence; both are harmless when not so (/). 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 (i), or forgetfulness (k) of a fact past (I) or present (m), material... | |
 | Law reports, digests, etc - 1899 - 1206 pages
...there was not "an unconscious Ignorance • » • of a fact material to the contract"; nor was there a "belief In the present existence of a thing material to the contract which did not exist." 3. It is claimed by appellant that there was no adequate consideration for the contract.... | |
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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. 
