California Court of Appeal December 18, 1956, Civ. No. 16989 (Hagen v. Sherman)

BRAY, J.

Three questions are raised by this appeal by defendant from a judgment in favor of plaintiff in the sum of $2,500.1 They are: (1) Was the contract rescinded by mutual consent? (2) Was it rescinded by defendant for unilateral mistake ? (3) Does the evidence support the award of damages?

Evidence.2

Defendant owned a war surplus crane.