Perfect v. McAndrew
Indiana Court of Appeals
798 N.E.2d 470 (2003)
- Written by Rich Walter, JD
Facts
Michael E. McAndrew (plaintiff) contracted with Clyde Perfect and Ella Mae Perfect (defendants) to buy a parcel of land described as “Anderson Rd., 81.1 acres.” The parties verified the parcel’s location and boundaries, but they never discussed the property’s size or its per-acre price. When the pre-closing survey disclosed that the property actually contained 96.2815 acres, the Perfects demanded a higher purchase price, which McAndrew refused to pay. The Perfects attempted to terminate the contract, and McAndrew sued for specific performance. The trial judge found that the Perfects intended to transfer the parcel in gross, and that because the parties’ mutual mistake as to the parcel’s size did not go to the essence of their agreement, the mistake did not warrant invalidating the contract. The judge ruled in McAndrew’s favor, and the Perfects appealed to the Indiana Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Sharpnack, J.)
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