Hieber v. Hieber

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the law of a foreign state must be pleaded and proved by the party raising its applicability
• recognizing that issue of mutual mistake is a factual matter to be resolved based on evidence with burden on the party who seeks to prove “fraud, deceit, duress, coercion or mutual mistake in the execution of the agreement”
• recognizing that the issue of mutual mistake is a factual matter to be resolved based on evidence with .the burden on the party who seeks to prove “fraud, deceit, duress, coercion, or mutual mistake in the execution of the agreement”
• the issue of whether there was a misrepresentation or mutual mistake is a question of fact to be determined by the trial court upon the evidence before it

Source: CourtListener parenthetical corpus (CC0).