mutual mistake

mutual mistake
A mistake which is reciprocal and common to all of the parties to a transaction. 27 Am J2d Eq § 33. A mistake of fact common to both parties to a contract, by reason of which each party has done what neither intended. Buol Machine Co. v Buckens, 14 Conn 639, 153 A2d 826. A mistake which is reciprocal and common to both parties to an instrument, each alike laboring under the same misconception in respect to the terms of the instrument. 45 Am J1st Reform Inst § 56. A mistake of all parties to an instrument, on account of which the instrument does not conform to or express their intention or agreement, as where by mistake some material part of a deed is omitted or the instrument is drawn to convey a different interest or a greater or lesser estate than was agreed upon by the parties. 23 Am J2d Deeds § 155.

Ballentine's law dictionary. . 1998.

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