Brief Fact Summary. The Plaintiffs, Roy Renner and some associates (Plaintiffs), rescinded a contract with the Defendants, the Kehls and the Moyles (Defendants), after it was learned that the parties made a mistake of material fact as to a condition of the land.
Synopsis of Rule of Law. A contract may be rescinded where there is a mutual mistake of material fact that constitutes “an essential part and condition of the contract.”
No transcript was provided here, and, in the absence of a complete record, we presume both that substantial evidence exists to support the factual findings, both express and implied, of the family court, and that the court properly exercised its discretion.View Full Point of Law
Issue. Did the Plaintiffs properly rescind the contract upon learning that the leased land was unsuitable for its intended use?
Held. Yes. When there is a mutual mistake of a material fact that constitutes “an essential part and condition of the contract,” the contract may be rescinded. Here, the Plaintiffs intended to use the leased land for the purpose of cultivating jojoba. Both parties were of the opinion that sufficient water was available beneath the land for jojoba production. After drilling five test wells, the Plaintiffs discovered that there was not sufficient water for commercial jojoba production. Since both parties believed that there were adequate water supplies underground and this was “a basic assumption on which both parties made the contract,” the mutual mistake materially altered the “very bases of the contract.” Hence, the contract was voidable.
Discussion. A contract is voidable where the parties make a mutual mistake of fact.