Burge v. Fidelity Bond and Mortg. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding Superior Court did not exceed its discretion in finding a foreclosing mortgagee’s unilateral mistakes were an irregularity and setting aside a Sheriff’s sale
• explaining that a unilateral mistake must have “occurred regardless of the exercise of ordinary care”
• noting exception to the general rule on fees and costs when the circumstances of an individual case mandate that the court, in its discretion, assess counsel fees
• “In the law of contracts, a party is permitted to rescind an agreement based upon its unilateral mistake when: (1) enforcement of the agreement would be unconscionable; (2) the mistake relates to the substance of the consideration; (3

Source: CourtListener parenthetical corpus (CC0).