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MANGHAM v. HOTEL &c. SUPPLY CO.

40062.

107 Ga. App. 619 (1963)

131 S.E.2d 74

MANGHAM v. HOTEL & RESTAURANT SUPPLY COMPANY.

Court of Appeals of Georgia.

Decided April 15, 1963.

Attorney(s) appearing for the Case

Claude Hambrick, for plaintiff in error.

Sam G. Dettelbach, contra.

RUSSELL, Judge.

1. Mutual mistake may be a good defense in law to the enforcement of a contract. Code § 20-308. But a defendant seeking in a court of law to avoid his contract for this reason must allege the grounds of the mistake as fully as he would be required to do in a court of equity. Lowery v. Davidson, 44 Ga. 38 (3); Hargrove v. Bledsoe, 78 Ga.App. 107 (50 SE 223). This means that the pleading must show the particular mistake and...

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