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Contracts Keyed to Crandall
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Bailey v. Ewing
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Ewing was shown a piece of real property that was to be divided into two lots after the previous owner died. While showing Ewing the property, the auctioneer indicated the property line was 13 feet away from the hose that had lilac bushes. After the plaintiff moved in next door, Ewing began to maintain the property up to the bushes and proceeded to build a fence where the bushes began. After Bailey sued to quiet title, Ewing counterclaimed, seeking reformation of the deed based on the defense of mutual mistake of the parties, thus making the contract voidable.
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