The motion was expressly "limited to the facts with regard to mutual mistake" and was decided on that basis. In our opinion, giving the complaint a liberal interpretation "with a view to substantial justice between the parties" — an interpretation which we are required to give to every pleading by statute (Civ. Prac. Act, § 275) — the complaint here adequately pleads a cause of action for rescission based on mutual mistake of fact. Order and interlocutory...
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