Fleischer v. McGehee
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; Zachariah T. Wood, Chancellor; 1. If defendant knowingly took advantage of Tusheck’s belief that he was purchasing the Fritz timber, the court should grant relief under the principle announced in Hubert v. Fagan, 99 Ark. 480. See also 100 Ark. 565; 101 Ark. 558; 102 Ark. 187. 2. The mistake here proved is unilateral, and the prayer is for rescission.
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Appeal from Chicot Chancery Court; Zachariah T. Wood, Chancellor; 1. If defendant knowingly took advantage of Tusheck’s belief that he was purchasing the Fritz timber, the court should grant relief under the principle announced in Hubert v. Fagan, 99 Ark. 480. See also 100 Ark. 565; 101 Ark. 558; 102 Ark. 187. 2. The mistake here proved is unilateral, and the prayer is for rescission. Although equity will not decree the reformation of an instrument for an unilateral mistake, but only for mutual mistake, yet it will rescind a contract for such a mistake. 34 Atl. 1099, 55 Am. St. Rep. 577; 56…
1Opinion of the CourtMcCulloch, C. J.
Appellant instituted this action against appellee in the chancery court of Chicot County to compel the rescission of a contract for the sale and purchase of standing timber on appellee’s land in that county.
Appellant resided in the city of Memphis, and was' engaged in the business of manufacturing and shipping staves. He purchased timber in Arkansas .and Mississippi for the purpose of manufacturing split staves.
Appellee owned a tract of land, containing 280 acres, in Chicot County, Arkansas, and a small portion of it was .in cultivation. The stave timber had been sold to another concern…
2Cases cited2 opinions
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