SMITH V. ZIMBALIST
2 Cal.App.2d 324 (1934)
NATURE OF THE CASE: Appeal from a judgment finding that Smith (P) seller was not entitled
to recover the unpaid balance of the purchase price of two violins from Zimbalist (D) buyer.
FACTS: Smith (P) was 86 and had been a collector of rare violins for many years.
Zimbalist (D) was an owner and collector of rare violins too and was also violinist of great
prominence. D visited P at P's home and negotiated with P to buy two violins; a
Stradivarius, and a Guarnerius. P stated that he could sell them for $8,000 and that he
wanted $2,000 down and $1,000 per month on the balance of the purchase price. A memorandum
was signed stating the terms of the sale and the items sold. The violins were fakes. Neither
party was aware of that status during the sale. P sued D to enforce the contract. The trial
court decided the case based on mutual mistake and that P was not entitled to enforce the
agreement and judgment was given to D. P appealed; the doctrine of caveat emptor should have
been applied.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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