BURGGRAFF v. BAUM


720 A.2d 1167 (1998)

1998 ME 262

David T. BURGGRAFF and Roberta Rubly-Burggraff v. Verna W. BAUM and Joseph T. Baum.

Supreme Judicial Court of Maine.

Decided December 10, 1998.


Attorney(s) appearing for the Case

James W. Strong (orally), Allison A. Stone, Thomaston, for the Plaintiffs.

Frederick M. Newcomb (orally), Rockland, for the Defendants.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.


RUDMAN, Justice.

[¶ 1] Verna and Joseph Baum appeal from the judgment entered after a bench trial in the Superior Court (Knox County, Marsano, J.) rescinding a contract for the purchase of land. They argue the trial court erred by applying the doctrine of mutual mistake of fact to rescind their contract. We agree and vacate the judgment.

[¶ 2] This case arises from an installment contract to purchase roughly eight-and-a-half acres of undeveloped...

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