Werner v. Rawson
Supreme Court of Georgia
Equity. Contract. Mistake. Vendor and purchaser. Before E. N. Broyles, judge pro hac vice. Eulton superior court. September term, 1891. Action by Mrs. Werner against Rawson, to recover possession of certain real estate, and for the restoration of a deed (by the establishment of a copy or by requiring the execution of one similar) which Rawson had executed and which conveyed to her the property in question.
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Equity. Contract. Mistake. Vendor and purchaser. Before E. N. Broyles, judge pro hac vice. Eulton superior court. September term, 1891. Action by Mrs. Werner against Rawson, to recover possession of certain real estate, and for the restoration of a deed (by the establishment of a copy or by requiring the execution of one similar) which Rawson had executed and which conveyed to her the property in question. The defendant pleaded that the deed was executed as the result of a mistake or misunderstanding between himself and the plaintiff’s brother, Simon, who negotiated with him in the purchase…
1Opinion of the Court
Bleckley, Chief Justice.
The action was brought by Mrs. Werner to recover the land and to establish a copy of the deed of conveyance which Rawson, the defendant, had executed to her and afterwards destroyed. The controlling legal question arises upon the equitable relief prayed for by Rawson in his answer, to wit: that the deed of conveyance be cancelled and set aside on the ground of mistake. The mistake, if any, was not alone in the deed, but in the contract itself, and consisted primarily of a difference of opinion or understanding as to the price at which the property was to be sold and…
2Cases cited5 opinions
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- Thwing v. Hall & Ducey Lumber Co.Supreme Court of Minnesota · 1889
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- Douglas v. McCordAppellate Court of Illinois · 1883
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