Detroit Edison Co. v. Malburg

LEVIN, District Judge.

This is an action for specific performance of a contract which gave the plaintiff an option to purchase a certain parcel of land from the defendants. The defendants allege either mutual mistake of fact, or mistake by the defendants coupled with unconscionable conduct by the plaintiff, and filed a cross complaint seeking rescission or reformation of the contract.

I am satisfied that there is no evidence that the plaintiff’s conduct was fraudulent or unconscionable. I take the view, however, that the parties made a mutual mistake. The facts are briefly as follows:

On March…