This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
A contract entered into because of mistake as to an essential element is void.1 While this general rule is substantially unquestioned, con-
1 England. Gordon v. Street (1899), 2 Q. B. 641 (really a case of fraud).
United States. Allen v. Hammond, 36 U. S. (11 Pet.) 63, 9 L. ed. 633. 377
Indiana. Alexander v. Swockhamer, 105 Ind. 81, 55 Am. Rep. 180, 4 N. E. 433, 5N. E. 908 (fraud).
Iowa. Eldorado Jewelry Co. v. Darsiderable difficulty is found in determining whether mistake applies to an essential feature of a contract or a collateral matter, such as a quality or characteristic of the subject-matter or of the parties.2 A detailed discussion of the forms of mistake in an essential feature of a contract is therefore necessary, including mistakes as to the identity of the adversary party, as to the identity or existence of the subject-matter and as to the terms and contents of the contract.
 
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