State Highway Department v. Hewitt Contracting Co.

Quillian, Justice.

1. All formal prayers contained in the petition are for the recovery of money judgments and no allusion is made in any of these prayers to any form of equitable relief. However, as recited in the foregoing statement of facts in the fifth count of the petition there is an allegation: “a mutual mistake of fact existed with reference to said contract and accordingly prays that said contract be rescinded. . .” Treating this allegation as a prayer for rescission of the contract between the parties, we consider the averments of the petition to decide whether the case made by the…