Dood, Inc. v. Universal Realty Co.

This appeal is from a decree voiding a contract of sale and directing the return of a $500.00 deposit to the purchaser of leasehold property, on the ground of mutual mistake as to the zoning classification of the property.

Whether or not it is an exception to, or inconsistent with, the objective theory of contracts, Maryland has long recognized that equity may rescind a contract executed as a result of mutual mistake; and this is so even though the agreement is one within the Statute of Frauds. Smith v. Bounds Package Corp., 206 Md. 74, 79, 110 A. 2d 71. See to like effect, Rest. of the Law,…