Lawrence v. Staigg
Supreme Court of Rhode Island
Bill in equity to obtain tbe rescission of a contract of sale of land, upon tbe alleged ground of mutual mistake. Tbe proceedings in tbe case are so connected together that it bas seemed best to report tbem all together as of this term, although tbe first two of the opinions hereafter set forth were delivered at tbe September Term, 1871, and tbe March Term, 1872, respectively, of tbe Supreme Court for this county.
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Bill in equity to obtain tbe rescission of a contract of sale of land, upon tbe alleged ground of mutual mistake. Tbe proceedings in tbe case are so connected together that it bas seemed best to report tbem all together as of this term, although tbe first two of the opinions hereafter set forth were delivered at tbe September Term, 1871, and tbe March Term, 1872, respectively, of tbe Supreme Court for this county. Tbe case first came before tbe court at its August Term for this county, 1865, and by reference to tbe opinion then delivered and one subsequently delivered at tbe March Term for…
1Opinion
The plaintiff sold to the defendant, by plat and at public auction, a lot of land platted as containing 43,918 feet, at five and one quarter cents per foot. The plaintiff ascertained after conveyance that the lot contained 55,680 feet instead of 43,918 feet, and commenced this suit for a rescission of the conveyance on the ground of mistake. The court thereupon decreed a rescission and reconveyance, unless the defendant should pay for the surplus land at the auction price, with interest, on or before a day to be fixed by the master to whom the cause was sent, for the purpose (inter alia) of…
2Cases cited2 opinions
- Perry v. WashburnCalifornia Supreme Court · 1862
- Gardner v. GreeneSupreme Court of Rhode Island · 1858