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Contracts Keyed to Murray
Anderson Bros. Corp. v. O’Meara
Facts
Anderson Brothers Corp. (Defendant) offered for sale a barge dredge that was designed for digging shallow trenches for burying pipeline under water. Robert O’Meara (Plaintiff) needed a dredge to dig wide, deep canals. Testimony at trial indicated that Defendant’s dredge was not suitable for Plaintiff’s purposes without expensive modifications. Plaintiff saw Defendant’s advertisement and contacted Gier, an Defendant employee. During the discussion, Gier assumed that Plaintiff needed a dredge for only shallow digging. Plaintiff then sent Kennedy, one of his employees, to inspect the dredge. Kennedy knew a lot about engines, but did not know much, if anything, about dredges. Nonetheless, Kennedy inspected the dredge and approved it for Plaintiff’s purchase. After Plaintiff received the dredge, he realized that it was not immediately suited for his purposes. Plaintiff sued based on mutual mistake, among other things. The trial court found that there was mutual mistake as to the dredge’s capabilities and awarded Plaintiff damages. Defendant appealed.
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