C. H. Young Company v. Springer

• Decision Date: 17 February 1911
• Docket Number: 16,937 - (244)
• Parties: C. H. YOUNG COMPANY v. PETER J. SPRINGER
• Court: Minnesota Supreme Court

129 N.W. 773

113 Minn. 382

C. H. YOUNG COMPANY v. PETER J. SPRINGER

Nos. 16,937 - (244)

Supreme Court of Minnesota

February 17, 1911

Original Opinion Filed February 3, 1911

SYLLABUS

Breach of contract -- mistake.

Findings of the trial court held not to show a mutual mistake, entitling defendant to equitable relief from the contract for a breach of which plaintiff seeks to recover damages, or that the contract lacked mutuality in its obligations.

Rescission of contract because of mistake.

A contract may be avoided by one of the parties for his own mistake of fact, when such mistake was caused by the inequitable conduct of, or when known to and wrongfully acted upon or taken advantage of by, the other contracting party.

Findings.

The findings of the trial court do not justify relief upon that ground.

OPINION

On February 17, 1911, the following opinion was filed:

Petition on Rehearing

Per Curiam.

Attention is called in a petition for a rehearing to an error in the opinion wherein it is stated that "plaintiff claims to have verbally accepted this offer * * * early in 1906." The date given should have been 1907, but is not important for the subsequent written acceptance completed the contract. Counsel are in error in the suggestion that this court may look to the evidence and be guided thereby as to facts not embraced within the findings. The findings of the trial court control the disposition of the case in this court.

Application for rehearing denied.