Ivory Ranch, Inc. v. Quinn River Ranch, Inc.

OPINION

This is an appeal from a judgment which credited to Quinn River Ranch $88,560, as a result of mutual mistake in the valuation of cattle for sale. Because we agree with Ivory Ranch that the issue of mutual mistake was never pleaded or presented to the court, we reverse and remand for a modification of the judgment.

The Facts

On October 21, 1981, appellant Ivory Ranch, Inc. (seller) and respondent Quinn River Ranch, Inc. (buyer) contracted for, among other things, the purchase of cattle at a price which was to be established by two qualified appraisers. The cattle were to be selected,…