Tracy v. Morell
Court of Appeals of Indiana
948 N.E.2d 855 (2011)
Relevant factsFree
Tracy (plaintiff) bought a tractor from Morell (defendant) via promissory note but stopped paying after Morell was later convicted of receiving stolen farm equipment; police discovered the tractor's identification number had been ground out and disguised, though they couldn't conclusively confirm it was stolen, and Tracy sued for fraud while Morell counterclaimed for the remaining $4,000 owed. The trial court found Morell lacked the intent required for fraud and enforced the promissory note in full.
IssueFree
Whether a transaction is voidable where the parties are mutually mistaken as to a vital fact.