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Mutual mistake

Defined in 4 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Black's (1891)

Definitions from Case Law

From 36 U.S. 63 - Crawford Allen v. John Hammond · 1837Most cited · 42 citing opinions

The contract was entered into through the mistake of both parties; it imposes great hardship and injustice on the appellee, and it is without consideration. These grounds, either of which, in ordinary cases, is held sufficient for relief in equity, unite in favor of the appellee.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The phrase "mutual mistake," as used in equity, means a mistake common to all the parties to a written contract or instrunient, and it usually relates to a mistake concerning the contents or the legal effect of the contract or instrument. 150. Mass. 30. See "Mistake."

Ballentine's Law Dictionary

James A. Ballentine · 1916

A mistake shared by both parties to a contract. See 54 N. J. Eq. 387, 55 Am. St. Rep. 577, 34 Atl. 1099.

A Dictionary of Law

Henry Campbell Black · 1891