Burggraff v. Baum

RUDMAN, Justice.

[¶ 1] Verna and Joseph Baum appeal from the judgment entered after a bench trial in the Superior Court (Knox County, Marsano, J.) rescinding a contract for the purchase of land. They argue the trial court erred by applying the doctrine of mutual mistake of fact to rescind their contract. We agree and vacate the judgment.

[¶ 2] This case arises from an installment contract to purchase roughly eight-and-a-half acres of undeveloped shorefront property at Mill Cove in St. George. Verna Baum and her husband, Joseph Baum, agreed to sell the lot to David Burggraff and his wife,…