 | Frederick Thomas White, Owen Davies Tudor - 1877 - 1278 pages
...derive from the terms of the agreement. Each takes his chance of obtaining an equivalent for everything he relinquishes, and if the event turn out contrary...misconceived than the other had, the contract will bind." In these cases, the question was considered and decided in courts of equity or upon equitable principles;... | |
 | 1910 - 450 pages
...derive from the terms of the agreement. Each takes his chance of obtaining an equivalent for everything he relinquishes, and, if the event turn out contrary...misconceived than the other had, the contract will bind.' There is no allegation anywhere in this case, so far as we understand it, that there was any attempt... | |
 | 1890 - 1148 pages
...everything he relinquishes; and, if the event turn out contrary to his expectations, so much the worse lor him. If there be no intention of fraud, no unfair...misconceived than the other had, the contract will bind." In Peek v. Derry, 37 Ch. Div. 577, while the court did not attribute to the defendants any intention... | |
 | 1886 - 800 pages
...from the terms of the agreement. Each takes his chance of obtaining an equivalent for every tlling he relinquishes, and if the event turn out contrary...be reversed, and a venire facias de novo .awarded. TILOHMAN, CJ , gave no opinion, not having been present at the argument. Judgment reversed. KIMMEL... | |
 | 1911 - 1146 pages
...every policy of Insurance, and every compromise of a doubtful right, depends on this principle. * * * If there be no intention of fraud, no unfair dealing,...misconceived than the other had, the contract will bind." And in Ashcom v. Smith, 2 Pen. & W. 211 (21 Am. Dec. 437), It was said: "Equity will indeed relieve... | |
 | 1890 - 1148 pages
...from the terms of the agreement. Each takes his chance of obtaining an equivalent for everything lie relinquishes; and, if the event turn out contrary...misconceived than the other had, the contract will bind." In Peek v. Derry, 37 Ch. Div. 577, while the court did not attribute to the defendants any intention... | |
 | 1912 - 462 pages
...presence of limestone, but he considered the question of its presence in No. 14 a thing of uncertainty. ''If there be no intention of fraud, no unfair dealing, and neither party has more qnowledge of the fact misconceived than the other had, the contract will bind." Per Gibson, J., in... | |
 | 1911 - 1242 pages
...every policy of Insurance, and every compromise of a doubtful right, depends on this principle. * * * If there be no intention of fraud, no unfair dealing,...misconceived than the other had, the contract will bind." Ада in Ashcom v. Smith, 2 Pen. & W. 211 (21 Am. Dec. 437), it was said: "Equity will indeed relieve... | |
 | Pennsylvania. Courts - 1923 - 936 pages
...254, and cases therein cited. "Where a boundary-line is established as a consentable line and there is no intention of fraud, no unfair dealing, and neither...misconceived than the other had, the contract will bind:" Grogan v. Leike, 22 Pa. Superior Ct. 59. "That the fence on the ground having been adopted as the dividing-line... | |
 | California. Supreme Court - 1906 - 774 pages
...derive from the terms of the agreement. Each takes his chance of obtaining an equivalent for everything he relinquishes, and if the event turn out contrary...misconceived than the other had, the contract will bind." The ruling is the same in Hagey v. Detweiler, 35 Penn. 412, 413; see, also, 1st IIening and Munford,... | |
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... abandonment of their former rights upon an agreement that, whether they be good or whether they be bad, neither is to recur to them on any pretense whatever, or claim anything that he does not derive from the terms of the agreement. Each takes his... 