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Buyer is a regular attendee at garage sales in her town. While at a sale at the home of Seller, Buyer sees a rather dull and dirty landscape painting in a rather gaudy modern frame. Buyer, who thinks that the colors in the painting would go well in her living room (once the thing is cleaned up) offers $50, and after some negotiation she and Seller agree to a sale at $85. The painting is subsequently proved to be a lost painting by American luminist artist Sanford Robinson Gifford (1823-1880). The Sotheby’s auction house appraises the painting at $100,000 to $130,000. At no time prior to the sale was Buyer aware that the painting was a Gifford. Immediately upon learning of the identification, Seller sues to rescind the contract on grounds of mutual mistake. What result and why?
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Buyer frequently attends garage sales in her community. During a sale at Seller’s home, Buyer notices a rather uninteresting and dusty landscape painting in a rather flashy modern frame. Buyer offers $50, believing that the colors in the picture would look good in her living room (once it is cleaned up), and after some haggling, she and Seller agree on a sale price of $85. The picture was later discovered to be a lost work by American luminist artist Sanford Robinson Gifford (1823-1880). The picture is valued at $100,000 to $130,000 by Sotheby’s auction house. Buyer had no idea the artwork was a Gifford prior to the transaction. Seller acted immediately upon learning of the identification.
