Parker v. Benjamin

Citations

• 53 Ill. 255

Syllabus

<p>Mistake—corrected in chancery. A party owning two forty-acre tracts of land, sold one of them and executed a deed therefor. The purchaser, from a mistaken idea that the deed was not for the tract he bought, refused to receive it, and thereupon the vendor conveyed the other tract. The vendee then discovered that the deed he had received was for the wrong tract, and that first executed was correct. Upon the vendor refusing to correct the mistake, it was held, the error being the result of misapprehension on both sides, the vendor, on receiving back the title he had made, would be compelled, in equity, .to convey the land really embraced in the contract.</p>