Anderson Bros. Corp. v. O'Meara
United States Court of Appeals for the Fifth Circuit
306 F.2d 672 (5th Cir. 1962)
Relevant factsFree
Anderson (defendant) assumed O'Meara (plaintiff) needed a dredge only for shallow digging, while O'Meara was mistaken about whether Anderson's dredge could handle his actual need for wide, deep canals; O'Meara sent an employee who knew engines but nothing about dredges to inspect and approve the purchase, and after realizing the dredge wasn't suited to his purposes, sued based on mutual mistake and won damages at trial.
IssueFree
Whether a mutual mistake occurs when the parties are not mistaken about the same thing.