Hargrove v. Bledsoe

Parker J.

The defendant relies upon the Code, § 20-308, “If the consideration be founded in mistake of fact or of law, the promise founded thereon can not be enforced,” and upon § 37-202, which states that a mistake relievable in equity is some unintentional act, or omission, or error, arising from ignorance, surprise, imposition or misplaced confidence. That section also states that the power to relieve a mistake in equity shall be exercised with caution, and to justify it the evidence shall be clear, unequivocal, and decisive as to the mistake. The defendant also relies on a number of cases.…