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" When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved,... "
American Law Reports Annotated - Página 489
1923
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Revised Laws of the State of California: In Four Codes : Political ..., Volumen2

California, California. Commission to Revise the Laws of California - 1871 - 894 páginas
...Enforcement of rtvised contract. SEC. 3399. When, through f'nuid or a mutual mistake of the parlies, or a mistake of one party, which the other at the time knew or suspected, a wriiteu contract does not truly express the intention of the parties, it may be revised on the application...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - 612 páginas
...parties. 3401. Principles of revision. 3402. Enforcement of revised contract. § 3399. When, through frand or a mutual mistake of the parties, or a mistake of one party, which the other at the time cnew or snspected, a written contract does not truly express the intention of the parties, it may be...
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The Civil Code of the State of California: As Enacted in 1872, and Amended ...

California - 1876 - 622 páginas
...revision. 3402. Enforcement of revised contract. § 3399. When, through fraud or a mutual mistake of tho parties, or a mistake of one party, which the other at the time «new or suspected, a written contract does not truly express the intention of the parties, it may...
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The Pacific Reporter, Volumen23

1890 - 1148 páginas
...of section 3399, Civil Code, and entitles the plaintiff to the relief demanded. That section reads: "When, through fraud or a mutual mistake of the parties,...time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised, on the application of a party aggrieved,...
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The Pacific Reporter, Volumen142

1914 - 1230 páginas
...justifying the revision of the lease under section 3.401) of the Civil Code. That section provides: "When, through fraud or a mutual mistake of the parties,...the other at the time knew or suspected, a written contrnct does not truly express the intention of the parties, it may be revised on the application...
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The Pacific Reporter, Volumen127

1913 - 1154 páginas
...3399 declares that when, through a "mutual mistake of the parties," a written contract "does not truly express the intention of the parties, it may be revised...party aggrieved, so as to express that Intention." The fact that no word was inserted which the parties did not intend to insert, and none omitted which...
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The Pacific Reporter, Volumen26

1891 - 1170 páginas
...undoubtedly support the judgment. Section 33!)!) of theCivilCode provides that " when, through » » « a mistake of one party, which the other, at the time, knew or suspected, a written contract does not truly express the Intention of the parties, it may be revised on the application of H party aggrieved,...
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The Pacific Reporter, Volumen3

1884 - 938 páginas
...plaintiff, at the time of signing it, supposed that it did truly express said agreement. This constituted "a mistake of one party, which the other at the time knew or suspected," and the party aggrieved is entitled to have the instrument revised so as to express the real intention...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volumen3

1884 - 880 páginas
...plaintiff, at the time of signing ii , supposed that it did truly express said agreement. This constituted " a mistake of one party, which the other at the time knew or suspected," and the party aggrieved is entitled to have the instrument revised so as to express the real intention...
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West Coast Reporter ...: Containing All the Decisions as Fast ..., Volúmenes9-10

1886 - 1338 páginas
...agreement, because it does not show that there was any mutual mistake of the parties in making it, or a mistake of one party which the other at the time knew of suspected, and because the allegation that at the time the agreement was executed it was intended...
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