Keating v. Price

The question presented by this appeal is, whether the property for which it is sought to hold the appellee liable as purchaser, differs so materially from that contemplated by the parties in their negotiations, and described in the contract of sale, as to entitle the appellee to a rescission of the contract; or, whether the difference is so slight that the sale should be ratified, and the purchaser compensated by an abatement of the purchase money equivalent to the loss sustained.

The bargaining, which extended over only a day or twn, was between 0. J. B. Mitchell, the cestui que trust, and…