Namy v. Black

Opinion by

Mb. Justice Bell,

Plaintiff brought a bill in equity against his grantors and their real estate agent, who sold him the property, and the mortgagees who took a mortgage thereon, praying that the deed to him from the former owners be canceled, the purchase money be repaid, and his mortgage and accompanying bond be canceled, on the ground, not of fraud, but that a warranty was omitted from the sales agreement by mutual mistake. There was no evidence that the alleged warranty was omitted from the sales agreement by mutual mistake and the court beloAV properly, as we shall see, dismissed…