Smith v. Zimbalist

Violin collector Zimbalist (defendant) agreed to buy two violins from fellow collector Smith (plaintiff) for $8,000 after both honestly believed the instruments were a genuine Stradivarius and Guarnerius, a belief reflected in the written memorandum and bill of sale; the violins turned out to be copies worth no more than $300, and when Zimbalist stopped paying the remaining balance, Smith sued, and the trial court ruled for Zimbalist based on mutual mistake.