In all cases of a mistake of fact material to the contract or other matter affected by it, if the complaining party applies within a reasonable time, equity will grant relief.
(Orig. Code 1863, § 3058; Code 1868, § 3070; Code 1873, § 3125; Code 1882, § 3125; Civil Code 1895, § 3983; Civil Code 1910, § 4580; Code 1933, § 37-206.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, §§ 31, 32.
C.J.S.- 30 C.J.S., Equity, § 44 et seq.
ALR.
- Ignorance of, or mistake as to, terms of existing mortgage upon the property as ground for relief from a contract for the purchase of real property, 26 A.L.R. 528.
Relief from contract of sale because of mistake as to amount of commodity which it calls for, 31 A.L.R. 384.
Good faith in receiving payment made under mistake of fact as affecting its recovery, 87 A.L.R. 649.
Property rights in respect of building, fence, or other structure placed upon another's land through mistake as to boundary or location, 130 A.L.R. 1034.
Conscious ignorance of fact, as distinguished from mistake of fact, as ground for reformation of contract, 137 A.L.R. 908.
Reformation on ground of mutual mistake regarding character or extent of estate or title imported by language used in instrument, 141 A.L.R. 826.
Mistake as to existence, practicability of removal, or amount of minerals as ground for relief from mineral lease, 163 A.L.R. 878.
Measure and items of recovery for improvements mistakenly placed or made on land of another, 24 A.L.R.2d 11.
Recovery back by employer of compensation paid to employee as result of mistake or the employee's fraud, 88 A.L.R.2d 1437.
Reformation of property insurance policy to correctly identify the person or interest insured, 25 A.L.R.3d 580.
Vendor and purchaser: mutual mistake as to physical condition of realty as ground for rescission, 50 A.L.R.3d 1188.
What constitutes mistake in the identity of one of the parties to warrant annulment of marriage, 50 A.L.R.3d 1295.
When statute of limitations begins to run against action to recover money paid by mistake, 79 A.L.R.3d 754.
Right of insurer under health or hospitalization policy to restitution of payments made under mistake, 79 A.L.R.3d 1113.