Gordon v. Tafe
New Hampshire Supreme Court
428 A.2d 892 (1981)
Relevant factsFree
The plaintiffs bought a house from the defendants and soon discovered a termite infestation, seeking rescission of the sale; the defendants argued rescission was inappropriate because they had already purchased a new house and couldn't be restored to their original position. The trial court found the infestation was a mutual mistake and granted rescission, and the defendants appealed.
IssueFree
Whether rescission of a land sale contract may be an appropriate remedy for mutual mistake.