Young v. Hirsch

Kussell, Chief Justice.

1. The first count of the petition stated a cause of action for the relief sought, on the theory of a mutual mistake of fact. “In all cases of a mistake of fact material to the contract or other matter affected by it, if the party complaining applies within a reasonable time, equity will relieve.” Code, § 37-206. “The negligence of the complaining party, preventing relief in equity, is that want of reasonable prudence the absence of which would be a violation of legal duty. Belief may be granted even in cases of negligence by the complainant, if it appears that the…