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Abbott's Practice Cases Volume 7

Abbott's Practice Cases Volume 7


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ... Boardman v. Davidson. BOARDMAN against DAVIDSON. New York Superior Court; Special Term, April, 1869. Mistake.--Reformation-Of Contract.--Relief ConSistent With The Case.--Redemption. To make a case for the reformation of a written contract, it must be shown that the written instrument does not express the real contract. This must be shown by clear and entirely satisfactory proof, and the relief will not be granted whenever the evidence is loose, equivocal or contradictory, or is in its texture open to doubt or to opposing presumptions. As an etement in the proof to establish that the written instrument does not express the true contract, it is necessary to show that by mutual mistake, accident, or fraud on the part of the defendant, the writings have failed to express the true agreement; if no such element is shown to exist, the conclusion is irresistible that whatever may have been the original propositions made and accepted, they were altered before the final completion of the contract, and that the ageeement concluded on is that which is expressed in the written instrument. The rule that where the complaint is answered, the court may grant plaintiff any relief consistent with the case made by the complaint and embraced within the issue, does not justify the court in granting relief upon a contract set up in the answer, which is materially different from that alleged in the complaint, unless the plaintiff accepts the contract as alleged in the answer, so as to waive his own version of it The rule here qualified is further illustrated in the following recent cases: The rule that a party must recover according to the case made by his complaint, or not at all--sectndnm atleqata as well as probata--is not affected by the Code. Rome...


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Product Details
  • ISBN-13: 9781153889063
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 172
  • Spine Width: 9 mm
  • Width: 189 mm
  • ISBN-10: 1153889064
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 372 gr


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