Newton v. Tolles
Supreme Court of New Hampshire
Bill in Equity, filed October 20, 1886, for the rescission of a contract for the purchase of a farm and other property, and for the return of money paid as a part of the purchase-money. Facts found by the court. The defendant, Sophia A. Tolles, employed R, a real estate agent in Nashua., to sell her farm.
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Bill in Equity, filed October 20, 1886, for the rescission of a contract for the purchase of a farm and other property, and for the return of money paid as a part of the purchase-money. Facts found by the court. The defendant, Sophia A. Tolles, employed R, a real estate agent in Nashua., to sell her farm. In May, 1886, Newton, seeking to buy a farm, applied to R, who informed him of the Tolles farm, told him it contained two hundred acres, took him to see it, and there pointed out to him such of the corners and boundaries as he knew; but he did not know, or undertake to point out, all of…
1Opinion of the CourtCarpenter, J.
There was a mutual mistake in the quantity of •land. The defendant understood she was selling’, and the plaintiff that be was buying, a farm of two hundred acres. It in fact contains only one hundred and thirty-five acres. The defendant, believing that the farm contained two hundred acres; informed the plaintiff that it did contain that number. The plaintiff relied on her statement. Under the influence of the error common to both parties the transaction was consummated. The mistake was one of fact, in a material point affecting the value of the property. Boynton v. Hazelboom, 14 Allen 107,…
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