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SIMONSON v. FENDELL

No. 49678-1.

101 Wn.2d 88 (1984)

675 P.2d 1218

VICTOR H. SIMONSON, ET AL, Respondents, v. LARRY G. FENDELL, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

February 2, 1984.

Attorney(s) appearing for the Case

Ronald F. Whitaker (of Walters, Whitaker, Finney & Falk), for petitioners.

John Gavin (of Gavin, Robinson, Kendrick, Redman & Mays, Inc., P.S.), for respondents.

BRACHTENBACH, J.

Is rescission an appropriate remedy where both parties are mistaken as to a material fact, but only one party relies on that mistaken fact in entering into a contract? We hold that under the facts of this case mutual reliance is not required; the trial court erred in not granting the equitable remedy of rescission. The Court of Appeals affirmed. Simonson v. Fendell, 34 Wn.App. 324...

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