Belknap Against Sealey.

Summary

The Court of Appeals affirmed the lower court's judgment granting equitable rescission of a land sale where the deed described the tract as "about nine acres, more or less" but the actual quantity was about half that amount. The majority held that, despite the absence of fraud, the substantial mistake as to quantity went to the essence of the contract and equity therefore relieves the plaintiff. A dissent argued that the mistake was merely a judgment error and that no relief should be granted. The judgment was affirmed.