Worsham v. Pierce

WIGGINTON, Judge.

Defendant has appealed a final judgment by which the trial court rescinded and held null and void a written contract in which plaintiff agreed to sell and defendant agreed to purchase a parcel of land in Clay County. The court based its judgment on a finding from-the evidence that the contract in question was the result of either a mutual or unilateral mistake of a material fact and that equity required its rescission.

The provision of the contract which gave rise to this cause of action is as follows, to wit:

“1. PURCHASE PRICE: The purchase price to be paid by the Buyer to…