Kenyon v. Welty

Citations

• 20 Cal. 637
• 1862 Cal. LEXIS 88

Syllabus

<p>A Court of Equity will not relieve a party from a contract entered into by mistake, where the mistake is one purely of law, unattended with misrepresentation, undue influence, misplaced confidence, or other special circumstances of similar character.</p> <p>Thus, a contract entered into by parties under a mutual supposition that the law affecting the subject of the contract was in accordance with a previous decision of the Supreme Court upon a similar state of facts, will not be set aside because of a subsequent decision by the same Court overruling the former one, and declaring a different rule upon the subject.</p>