62 N.H. 671 | N.H. | 1883
Where there has been a common mistake as to some essential fact forming an inducement to a contract, that is, where the circumstances justify the inference that it would not have been made if the truth had been known, the contract is voidable. Benj. Sa. (4th Am. ed.), s. 606; Poll. Contr. 436, 442; Cox v. Prentice, 3 M. S. 344; Emmerson's Case, L. R. 1 Ch. 433 — S.C., L. R. 2 Eq. 391 — S.C., 12 Jur. N. S. 592; Fogg v. Sawyer,
Judgment for the plaintiff.
BLODGETT, J., did not sit: the others concurred. *673