Handbook of Equity Jurisprudence

Cover Handbook of Equity Jurisprudence
Handbook of Equity Jurisprudence
James W James Webster Eaton
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, 55 N. Y. 243, 14 Am. Rep. 249; Wlnans y. Huyck, 71 Iowa, 459, 32 N. W. 422; Marshall v. Westrope, 98 Iowa, 324, 67 -N. W. 257, 3 Keener, Eq. Cas. 166.
20 The meaning of this proposition is well illustrated by the lan- guage of Jessel, M. R. , in Eaglesfield v. Marquis of Londonderry, 4 Ch. Div. 693, 702, 703: "A misrepresentation of law is this: When you state the facts, and state a conclusion of law, so as to distin- guish between the facts and the law, the man who knows the facts Is taken t
...o know the law. But when you state that as a fact which no doubt involves, as most facts do, a conclusion of law, that is still a statement of fact, and not a statement of law. Suppose a man is asked by his tradesman whether he can give credit to a lady, and the answer is: 'You may. She is a single woman, of large for- tune. ' It turns out that the man who gave that answer knew that the lady had gone through the ceremony of marriage with a man 264 GROUNDS OF EQUITABLE RELIEF MISTAKE. (Ch. 12 "Wherever a person is ignorant or mistaken with respect to his own antecedent and existing private legal rights, in- terests, estates, duties, liabilities, or other relation, either of property, or contract, or personal status, and enters into some transaction, the legal scope and operation of which he correctly apprehends and understands, for the purpose of affecting such assumed rights, interests, or relations, or of carrying out such assumed duties or liabilities, equity will grant its relief, defensive or affirmative, treating the mistake as analogous to, if not identical with, a mistake of fact.

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