Section 22 Mistake

• Library: Consumer Law and Practice 2010

When parties assume to contract, but there is a mistake regarding any material part of the subject matter, no contract is created because there is no mutual assent. Fulton v. Bailey, 413 S.W.2d 514, 518 (Mo. 1967).

But failure to read the contract by one who can read does not allow avoidance of the contract on the ground of mistake. In Sanger v. Yellow Cab Co., 486 S.W.2d 477 (Mo. banc 1972), the unsuccessful plaintiff signed a release without reading it, thinking it was a receipt. The Supreme Court held...