Reed's Photo Mart v. Monarch Marking System Co.

I respectfully dissent. The majority opinion bases it’s reversal on the failure of the trial Court to submit an issue as to whether or not the Appellee “should have known” that the order was in error. This is not an ultimate fact issue. Assuming, for the sake of argument, that such issue was, submitted and a favorable answer obtained for Appellant. Would Appellant then be entitled to equitable recission ? Obviously not. The jury found that the Appellee did not know of the mistake. Knowledge could be a basis for avoidance relating to unconscionable conduct. Barteldes Seed Co. v. Bennett-Sims…