28-2-1715. When rescission may be adjudged for mistake. Rescission cannot be adjudged for mere mistake unless the party against whom it is adjudged can be restored to substantially the same position as if the contract had not been made.
History: En. Sec. 4441, Civ. C. 1895; re-en. Sec. 6113, Rev. C. 1907; re-en. Sec. 8731, R.C.M. 1921; Cal. Civ. C. Sec. 3407; Field Civ. C. Sec. 1904; re-en. Sec. 8731, R.C.M. 1935; R.C.M. 1947, 17-906.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Part 17. Extinction of Contracts -- Rescission
28-2-1701. How contract extinguished
28-2-1702. Extinction of written contract by destruction or cancellation
28-2-1704. through 28-2-1710 reserved
28-2-1711. When party may rescind
28-2-1712. When stipulation against rescission ineffective
28-2-1713. How rescission accomplished
28-2-1714. When rescission may be adjudged
28-2-1715. When rescission may be adjudged for mistake
28-2-1716. Power of court to require party rescinding to do equity