Oh, my God,
they actually use the stuff they teach us. We just recently covered mistake in contracts.
KENNETH STINNETT, ET AL v. DUDLEY D. JOHNSTON, ET AL.
Lynne Denell Swafford, Pikeville, Tennessee, for the Appellants,
Dudley D. Johnston and Robert E. Johnston.
J. Arnold Fitzgerald, Dayton, Tennessee, for the Appellee, Kenneth
Stinnett and wife, Rebecca S. Stinnett.
This appeal involves an acreage deficiency in the conveyance of a
subdivision lot. Both parties to the transaction believed that the lot
contained 2.4 acres. However, a survey after the sale determined that
the lot contained only .93 acres. The parties did not learn of the
acreage discrepancy until after the buyer had constructed a house
foundation which extended approximately 15 feet across the boundary
line onto a neighbor's property. The trial court determined that there
had been a mutual mistake as to the quantity of land conveyed and
ordered a rescission of the transaction. The trial court awarded the
buyer damages in the amount of $17,275.60 representing a refund of the
purchase price, reimbursement for grading, labor, construction
materials, and closing costs for the house construction loan. The
seller appealed. We affirm the trial court's decision to rescind the
transaction based upon mutual mistake, but modify the award of