Carpenter v. Hill

Plaintiffs in error, as plaintiffs, filed a complaint in the district court of Mesa county containing two causes of action for a rescission of an executed contract for the exchange of land. One cause of action was based on fraud and the other on mutual mistake. It appears that there was no evidence to sustain the allegations of fraud and that was abandoned, and reliance was had on the ground of mutual mistake. The trial court, in effect, found that ¡a mutual mistake did exist, in that both parties were mistaken as to the manner in which the unpaid balance on the contract was to be made;…