Blythe v. Coney

Sam RobiNsoN, Associate Justice.

The issue in this ease is whether the erroneous assumption of the parties to a purchase contract that there was a sufficient supply of city water to a dwelling house constitutes a mutual mistake of a material fact giving the purchaser the right to rescind.

Appellants, R. W. Blythe and wife, owned some property in Pickthorne’s Addition to the City of North Little Rock, Arkansas, in which they had acquired a substantial equity and on which they were making payments of $39.95 per month. Sometime in May of 1956 they, through appellee Horace Woodall, looked at a…