If the consideration upon which a contract is based was given as a result of a mutual mistake of fact or of law, the contract cannot be enforced.
History. Orig. Code 1863, § 2707; Code 1868, § 2701; Code 1873, § 2743; Code 1882, § 2743; Civil Code 1895, § 3660; Civil Code 1910, § 4245; Code 1933, § 20-308.
Cross references.
Pleading of mistake as a defense, § 9-11-9 .
Equitable principles regarding accident and mistake generally, § 23-2-20 et seq.