Bronson v. Leibold
Supreme Court of Connecticut
Action to recover rent, brought by appeal from a judgment of a justice of the peace to the Court of Common Pleas in Fairfield County and tried to the court, Scott, Jfacts found and judgment rendered for the defendant on his counterclaim, and appeal by the plaintiff. No error. The defendant also appealed upon the ground that the judgment should not have required him to pay interest upon the amount tendered by him to the plaintiff. No error.
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Action to recover rent, brought by appeal from a judgment of a justice of the peace to the Court of Common Pleas in Fairfield County and tried to the court, Scott, Jfacts found and judgment rendered for the defendant on his counterclaim, and appeal by the plaintiff. No error. The defendant also appealed upon the ground that the judgment should not have required him to pay interest upon the amount tendered by him to the plaintiff. No error. On October. 17th, 1903, the plaintiff and defendant executed an agreement by which the plaintiff agreed to sell the defendant his farm and to give him a…
1Opinion of the CourtWheeler, J.
The plaintiff insists that the defendant, upon the facts, is not entitled to the relief granted because, (1) the mistake upon which the decree rests was not material, nor the determining ground of the transaction against which relief is sought, (2) nor was it mutual, (3) nor was it a mistake of fact but one of law.
We think the facts found show a mutual mistake of both plaintiff and defendant. Both believed the defendant had lost his rights under his contract. But equity would not refuse him aid though the mistake were not mutual.
Likewise the facts found point to this mistake as the…
2Cases cited8 opinions
- Park Bros. v. Blodgett & Clapp Co.Supreme Court of Connecticut · 1894
- Blakeman v. BlakemanSupreme Court of Connecticut · 1872
- Thayer v. MeekerIllinois Supreme Court · 1877
- Monroe National Bank v. CatlinSupreme Court of Connecticut · 1909
- Blakeslee v. MurphySupreme Court of Connecticut · 1876
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3Cited by20 opinions
- Fellows v. MartinSupreme Court of Connecticut · 1991
- Connecticut National Bank v. ChapmanSupreme Court of Connecticut · 1966
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
- Lomas & Nettleton Co. v. IsacsSupreme Court of Connecticut · 1924
- Conway v. WhiteCourt of Appeals for the Second Circuit · 1925
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