 | Edward Burtenshaw Sugden - 1818 - 862 페이지
...deficiency. The principle upon which an abatement in these cases Is made, is* to place the parties in the situation in which they would have stood, if there had been no misrepresentation. Therefore where a man purchased a wood, which was, by mistake, represented... | |
 | Thomas Jodrell Phillips, Great Britain. Court of Chancery - 1849 - 914 페이지
...which the Court proceeds upon the ground that, as the transaction ought never to have taken place, the rights of the parties are, as far as possible,...situation in which they would have stood if there I'.ad never been any such transaction. An agreement between a father, tenant for life, and an eldest... | |
 | Great Britain. Court of Chancery - 1850 - 744 페이지
...which the court proceeds upon the ground iliut, as the transaction ought never to lave taken place, the rights of the parties are, as far as possible,...placed in the situation in which they would have stood f there had never been any such transaction. Bellamy v. Sabine, 425 See FAMILY ARRANGEMENT. JURISDICTION,... | |
 | United States. Court of Claims - 1944 - 960 페이지
...as the transaction ought never to have taken place, the parties are to be placed as far as possible in the situation in which they would have stood if there had never been any such transaction.' NeUctt v. MacfarUnd, 92 US 101, 103. And, while the perpetrator of the fraud has no standing to rescind,... | |
 | Louis Arthur Goodeve - 1873 - 652 페이지
...— "The Court proceeds upon the ground that as the transaction ought never to have taken place, BO the rights of the parties are, as far as possible,...account of fraud and ordering a reconveyance. If in snch a case the purchaser is to have back his purchase-money, it is equitable that he should in the... | |
 | William Williamson Kerr - 1868 - 498 페이지
...transaction, the court proceeds on the ground that, as the transaction never ought to have taken place, the rights of the parties are, as far as possible, to be placed in the same situation in which they would have stood if there had never been any such transaction (m). If... | |
 | 1875 - 610 페이지
...1875 lisbing the broad proposition that where a transaction ought KAM TOHCL never to have taken place, the rights of the parties are, as far as possible,...be placed in the situation in which they would have ,..,»« 1 I " .- T>1 • stood if there had never been any such transaction. inis observation of Lord... | |
 | William Macpherson, Herbert Cowell, Arthur Maynard Talbot - 1875 - 320 페이지
...treats as establishing the broad proposition, that where a transaction ought never to have taken place, the rights of the parties are, as far as possible, to be placed in the (1) 2 Ph. 425. S 140 INDIAN APPEALS. [LR J. 0. situation in which they would have stood if there had... | |
 | Alexander James Dallas - 1876 - 856 페이지
...as the transaction ought never to have taken place, the parties are to be placed as far as possible in the situation in which they would have stood if there had never been any such transaction. Bellamy v. Sabine, 2 Phil. 425 ; Samy v. King, 5 HL 627 ; WB of Scotland v. Addle, LR 1 Scotch App.... | |
 | 1876 - 668 페이지
...as the transaction ought never to have taken place, the parties are to be placed as far as possible in the situation in which they would have stood if there had. never been any such transaction. But this principle will not benefit the complaining party in this suit / He is restored here to his... | |
| |
The court proceeds on the principle, that, as the transaction ought never to have taken place, the parties are to be placed as far as possible in the situation in which they would have stood if there had never been any such transaction. 
