Smith v. Thomas Jefferson University Hospital

How courts have described this case

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

• upholding judgment on the pleadings against a claim of mutual mistake where appellant failed to adduce evidence of a mistake on the part of the other party to a release
• “to obtain refor mation of a contract because of mutual mistake, the moving party is required to show the existence of the mutual mistake by evidence that is clear, precise and convincing”
• a unilateral mistake “not due to the fault of the party not mistaken, but to the negligence of the one who acted under the mistake, [] affords no basis for relief”
• “It is clear that appellant's present cause of action against appellees results from the treatment decedent sought as a consequence of his automobile accident. Appellant's claim against appellees, therefore, falls clearly within the language of the release.”
• discussing burden on party claiming mutual mistake
• discussing burden on party claiming mutual mistake

Source: CourtListener parenthetical corpus (CC0).