Solinger v. Jewett

This is an action by.the appellee to recover money alleged to have been paid to the appellant under a mutual mistake of facts. It is charged that the appellant sold a farm to the appellee at $22 per acre, estimating the quantity of land sold at 181 acres, making $3,982. The land is described in three distinct parcels, and one of these is described as “ containing 121 acres, more or less,” but contained in fact but 84 and 31-100 acres. The answer is a general denial, with an averment that the land was sold for a gross sum, and that the appellee had an equal or better opportunity for…