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Contracts Keyed to Summers
Eisenberg v. Hall
Citation:
147 A.D.3d 602, 48 N.Y.S. 3d 71Facts
Jerome Eisenberg (plaintiff), a buyer and seller of antiquities, purchased a marble bust and a bronze statute from Maurice Hall, Jr. (defendant), an art dealer chiefly in sixteenth to nineteenth century European art. Hall was also an amateur collector in antiquities, a fact of which Eisenberg was aware. Both Eisenberg and Hall believed the bust and statute to be ancient. Eisenberg later sold the bust to a classical art museum, who informed Eisenberg that the bust was actually a fake. It was also determined that the bronze statute was actually from the nineteenth or twentieth century, and consequently, was not an ancient artifact. Eisenberg sued Hall for breach of contract, arguing that the mutual mistake of the parties was a ground for rescission of the contract.
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Topic Resources
Topic Outline
Defenses to FormationTopic Refresher Course
Mistake: Unilateral and Mutual