Mistake

Some unintentional act, omission, or error arising from ignorance, surprise, imposifion, or misplaced confidenée.

Code Ga. § 8117; 1 Story, Eq. Jur, § 110.

That result of ignorance of law or fact which has misled a person to commit that which, if he bad not been in error, he would not have done.

Jeremy, Eq. Jur. 358.

A mistake exists when a person, under some erroneous conviction of law or fact, does, or omits to do, some act which, but for the erreneous conviction, he would not have dene or omitted. It may arise either from unconsciousness, ignorance, forgetfulness, imposition, or misplaced confidence.

Disph. Eg. § 185.

Mistake af fact is a mistake not caused by the neglect of a legal duty on the part of the person maxing the mistake, and consisting in (1) an upconscious ignorance or forgetfulness of a fact, past or present, material to the contruct; or (2) belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed, Civil Code Cal. § 1577. A misicke of law bappens when a party, having Tull knowledge of the facts, comes to an erroneous conclusion as to their legaleffect. Itisa mistaken opinion or inference, arising from an imperfect or incorrect exercise of the judgment, upon facts ag they really are; and, like a correct opinion, which is law, necessarily presupposes that the person forming it is in full possession of them, The facta precede the law, and the true and false opinion alike imply an acquaintance with them.

Neither can exist without iit

The one is the result of a eorrect application to them of legal principles, which every man is presumed to know, and is called “law;” the other, the result of a faulty application, and is called a “mistake of law.”

12 Wis. 124.

Mutual mistake is where the parties have a common intention, but it is induced by a common or mutual mistake,