Abbot v. Peter

WOLFE, Chief Justice.

Suit to rescind a contract and recover the consideration paid. The trial court found that the contract was entered into “under a mutual mistake of fact — and that due to said mistake of fact there was a complete failure of consideration, and that the money paid by the plaintiff to the defendant was received by the defendant without any consideration whatsoever,” Judgment was entered for $1,000 in favor of the plaintiff and the defendant appealed.

The defendant, Charles Peter, entered into a contract with the plaintiff, S. L. Abbot, under the terms of which the plaintiff…