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the company during the year 1906 and down to thesubmitted by our representative, Mr. Blake, to the city of Eaton Rapids; it was prepared by me. We sent Blake there to represent us in an effort to sell the city of Baton Rapids three voting machines. He telephoned me what the council done that nightMarch 20th. I certainly am inclined to think I received a wrong impression from his telephone message as to what they actually had done. When I wrote this let burberry outlet ter of March 21st, I did not know there was a provision that the resolution of the council should be void in case any taxpayer filed objections in two years. When I learned there was such a provision, I wrote them Exhibit 1. Exhibit 1 was the letter of April 9th.A motion was made that the judge direct a verdict In favor of defendant 1 because no contract was made as the minds of the parties never met; 2 because the council was not authorized to make the alleged contract. The Judge declined to pass upon the second point, but held the first proposition was well taken and directed a verdict for defendant burberry sale The case is brought here by writ of error.In Tiffany on Sales, page 28, it is said: From the principle that contracts can be effected only by mutual assent, it .follows that where, through some mistake of fact, each was assenting to a different contract, there is no valid agreement, notwithstanding the apparent mutual assent.In Mechem on Sales, f 265, it is said: Mistakes of parties In making the contract In order that there may be a contract between the parties, it Is evident that the parties must agree; they must, as it is so often aid, assent to the same thing in the same sense. In a particular ca Burberry Outlet Online se, however, it may be found that owing to the mistake, misapprehension, or ignorance of one or both of the parties, they have not agreed, although, perhaps, they thought they had. At section 278, same author. It is said: Mistake as to terms of contractPrice.There may also be mistake as to the terms of the contract. The mistake most commonly made, perhaps, is In reference to the price. If the parties aboard on Mr. White's credit because he failed to purchase.



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