Perfect v. McAndrew
Indiana Court of Appeals
798 N.E.2d 470 (2003)
Michael McAndrew (plaintiff) contracted to buy land described only as 'Anderson Rd., 81.1 acres' from Clyde and Ella Mae Perfect (defendants), who verified the location and boundaries with him but never discussed size or a per-acre price; when a pre-closing survey revealed the land was actually 96.28 acres, the Perfects demanded a higher price, McAndrew refused, and the Perfects tried to terminate the contract. The trial court found the parties intended a transfer 'in gross' (a fixed parcel regardless of exact acreage) and that their mutual mistake about size didn't go to the essence of their deal, ruling for McAndrew on specific performance; the Perfects appealed.
Whether the surrounding circumstances of a real-property sale contract determine whether the contract can be terminated for a mutual mistake in describing the parcel's size.