Principles of Contract At Law And in Equity; Being a Treatise On the General Principles Concerning the Validity of Agreements, With a Special View to the Comparison of Law And Equity, And With References to the Indian Contract Act, And Occasionally to Rom

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J. C. P.
145; Coward «. Hughes, 1 K. & J. 443..
(c) Wasonfl. Waceing, 15 Beav. 151.
(d) Ex parte James, 9 Ch. 609, 614, per James, L'. J.
451 399 CHAP. VIII. MISTAKE.
no less an equitable than a legal one ; "the law on the subject was- exactly the same in the old Court of Chancery as in the old Courts of Common Law. There were no more equities affecting the con- science of the person receiving the money in the one Court than, in the other Court, for the action for money had and received pro- ce
...eded upon equitable considerations" (a). Thus a party who has- submitted to pay money under an award can not afterwards im- peach the award in equity on -the ground of irregularities which were known to him when he so submitted (b). It has also been laid down that in a common administration suit a legatee can not 399] be made to refund over-payments *voluntarily made by an executor (c) : but the context shows that this was said with refer- ence to the frame of the suit and the relief prayed for rather than- to any general principle of law : moreover it was not the executor, but the persons beneficially interested, who sought to make the legatee liable.

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