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The contract must be fair, equal and just in its terms.

General doctrine............

First. Fairness in the contract itself.........

I. Time when the unfairness, etc., must exist..........
II. Incidents which aid in determining the fairness....

III. Contracts which are unfair.............

Second. Extrinsic circumstances rendering the contract unfair..

175, 176

177-182

177, 178
.... 179
180-182
183, 184

.... 198

199, 200

THIRD GROUP.
Incidents and features of the contract connected with or growing out of the

conduct-generally preliminaryof the parties which involve the validity
of the contract and may render it coidable, and which, therefore, as a
matter of strict right, affect the equitable remedy.

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Sections.

III. Mistake must be materia.........

..... 240

IV. Intentional omission or act is not a mistake.............

241

V. Subsequent parol change of a written contract.........

242

Second. Mistake, when set up by a defendant to defeat a specific performance;

and herein incidentally of rescission or reformation of the con-

tract...........

243-258

1. Where the mistake is made by the defendant alone............ 243-245

1. Where defendant's mistake is induced by acts of the plaintiff. 244

2. Where the mistake is solely due to the defendant............... 245

II. Where defendant seeks to modify the terms of a written con-

tract on account of a mistake by one or both of the parties, 246-258

1. Where the written agreement fails to express the real con-
tract...........

217-249

Reforming the written instrument in such case

248, 249

2. Mutual mistake as to subject-matter........

250

3. Mutual misunderstanding of the contract.....

251

4. Mistake by the defendant alone........ ........

252

Election by plaintiff to have a specific performance according

to defendant's version ; defendant's right to such a specific

performance.......

252, 253

Recapitulation ; parol evidence, when admissible...................... 254-258

Third. Where mistake is alleged by the plaintiff as a ground for reforming

his agreement, and enforcing its specific performance when thus

corrected

259-266

English rule............

259, 260

American doctrine.........

261, 262

Modification of this doctrine.....

263-266

SECTION XIV.

280

281-285

286

287

1

When the estates and interests of the parties vest; when the contract is con-
cluded............

..............

316-319

Destruction of the subject matter, etc., before or after the vesting of the

estates........

320-322

SECTION II.

............

Performance by the plaintiff a condition precedent to his enforcing performance upon the defendant.

Sections. General doctrine........

323 First. Plaintiff's duty to comply with the provisions on his part......... 324-364

1. The general doctrine applicable to either party when plaintiff 324–338

Substantial performance generally requisite........... 324-326
Impossibility of performance...........

327 Exception in case of marriage contracts.............

328, 329 Performance of future terms....

330-332 Performance of representations........

333 Performance of conditions in conditional contracts........... 334-338 II. Plaintiff's inablilty, when vendor, to give a good title or to convey

the subject-matter as specified in the contract.......... 339-353 General rule that plaintiff must make a good title, etc........ 339–342 Different estate from that contracted for............

343-346 Defect of vendor's title...........

347-351 Deficiency in the quantity of land.........

352, 353 III. Affirmative acts of plaintiff in violation of the contract....... 354–359 IV. Tender, when necessary.

360–363 Kind of deed and title which plaintiff must give..........

364 Second. Some rules for interpreting usual provisions in contracts....... 365-369

SECTION III.

Time as affecting the right to a performance; when, and when not, of the

essence of the contract.

..........

Grounds of the equitable doctrine as to time..........

370-372 I. Time not ordinarily essential..............

373-381 Explanation of this doctrine ; instances. .....................

373-377 Effect of clause in a contract declaring it forfeited or void if not performed by a specified time..........

378-381 II. Time when essential.................

382-398 1. Where originally essential from the nature of the subject-matter, or from the object of the contract.........

383–388 2. Where made essential by express stipulation..........

389-394 3. Where made essential by a subsequent notice given by one of the parties.......

395-398 III. Time, when material..........

399-426 Three modes of viewing time, viz., as immaterial, as essential and as material ; each defined..........

........ 400-402 1. Where the delay is caused solely by the acts or omissions of either party ...

403-420 2. Where the delay is caused by a defect in the vendor's title, or by a difficulty in perfecting the title...........

....... 421-426

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