New York Court of Appeals November 14, 1876 (Bruce v. . Burr)

Church, Ch. J.

There is a legal difficulty, although somewhat technical, in sustaining the decision of the General Term in favor of the defendants on the ground of a right of rescission founded upon a mutual mistake within the principle decided in 16 New York, 595, and 43 id., 159. That defence was not set up in the answer.