Binkholder v. Carpenter

This is an action in equity by the purchasers of a farm to rescind the real-estate contract for mutual mistake and to recover their down payment. There is substantial agreement on the facts. Defendants and their real-estate agent believed and represented to plaintiffs that the 720-acre farm contained 450 acres of cropland and had a crop base for participation in ASC programs of 416 acres making possible a $10,000 payment under the 1964 government program. Plaintiffs verified these figures at the local ASC office. They will hereinafter be referred to as purchasers and defendants as vendors.

The…