Law Commons^™

Contracts - Rescission Of Contract To Rescind

Michigan Law Review

The parties entered into an installment contract for sale of meal of a certain quality. Provision was made for arbitration of disputes arising under the agreement. After several deliveries, the vendor consented to cancellation of the remainder of the contract upon the buyer's agreeing to pay £782 at four specified dates. This agreement was made under mutual mistake as to the defective quality of the goods, which would have justified repudiation of the contract. Before the adulteration was discovered, the seller had paid £500 for a release from a supply contract with a third person and the buyer had paid …