Rupley v. Daggett

74 Ill. 351 · Illinois Supreme Court · 1874

Facts

Appellee believed he sold a mare for $165, while appellant believed he bought it for $65. Appellant was informed of a potential mistake before leaving with the mare but insisted on the lower price and did not clarify with appellee. The lower court found no sale due to a mutual mistake.

Issue

Does a valid contract of sale exist when there is a mutual mistake between the parties regarding the agreed-upon price of the property?

Holding

No, a valid contract of sale does not exist when there is a mutual mistake as to the price. The judgment affirming no sale was upheld.

Rule

When there is a mutual mistake between contracting parties regarding the price of an article of property, there is no meeting of the minds, and therefore, no sale, meaning neither party is bound.

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Case brief last reviewed 2026-02-24. Prepared by CaseReader from the published opinion.