Dupont Chemical Co. v. Buckley

This is not the kind of mistake from the consequences of which equity relieves. There was no mistake as to the identity of the tanks; the mistake was in the representation and mutual belief that they were made of cyprus wood, an element going to quality or usefulness. If this were not so, equity would be privileged to relieve from the consequences of any honest misrepresentation. Any inspection by defendant which did not discover complainant's error is an immaterial element. In the language of Judge Story: "Where each party is equally innocent, and there is no concealment of facts which the…