Schaffer v. Mills

The opinion of the court was delivered by

Atkinson, J.:

On January 24, 1901, George Schaefer commenced his action in the district court of Russell county against Robert P. Mills and Oral S. Black to recover the balance of $1015.03 claimed to be due him on a written contract for the sale of a stock of merchandise at the town of Gorham, in said county. The defense was that the written contract sued on, through mutual mistake—an error of the party writing it—failed to state the real agreement between the parties ; that plaintiff had settled and liad received in full the amount due him on the…