WOOD V. BOYNTON 64 Wis. 265, 25 N.W. 42 (1885) CASE BRIEF

WOOD V. BOYNTON

64 Wis. 265, 25 N.W. 42 (1885)

NATURE OF THE CASE: This was an action for rescission of a contract due to mistake. Wood (P), seller, appealed from a judgment, which directed a verdict for Boynton (D), buyer, in P's action to recover the possession of an uncut diamond.

FACTS: Wood (P) sold a stone to Boynton (D), a jeweler, for $1. At the time of the sale both parties believed the store to be topaz. After the sale D discovered that the stone was an uncut diamond worth $700. P offered D $1.10 for the return of the stone. D refused to return the stone. P sued to recover possession of the stone. The court directed a verdict for D. P excepted to those instructions and moved for a new trial. That motion was denied and judgment was entered for D and P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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