Steele v. Kluter

I. The record before us presents only a fact case. The fighting issue is upon the cross-bill, and all the evidence is concentrated thereon. The question is whether the forfeiture of the certain contract then existing between the parties was mutually intended, or whether it was intended to work a full rescission thereof. The writing, as executed, would bear the interpretation put upon it by the plaintiff as a contract of rescission. The burden was upon the defendant to show that the contract in that respect failed to express the intent of the parties, by reason of mutual mistake. The burden…