Sec. 820. Mistakes In Computation

Description

This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.

Sec. 820. Mistakes In Computation

A mistake as to the amount due on a debt,1 even where the facts as to the amount of principal and payments are known, but the amount due can be ascertained only by a long arithmetical calculation,2 is a mistake of fact, and a payment made by reason thereof may be recovered. Thus, where the parties make a mistake in computing the price to be paid for property, in accordance with a contract of sale,3 or make a mistake in computing the amount due on a mortgage,4 or by mistake compute at eight per cent interest on a note which by its terms bears interest at six per cent,5 or otherwise erroneously compute the interest due ;6 or where a principal and agent make a mistake in computing their mutual accounts ;7 or where by mistake the same item is paid twice;8 or where a payment is made under mistake in computing the weight of the articles sold, on which weight the payment is based,9 money paid under such mistakes may be recovered. A and B, tenants in common in land, were arranging a voluntary partition, and A was to take that half of the land upon which improvements were erected, and pay to B the amount necessary to equalize his share. By a mistake in the computation, A paid to B the entire value of the buildings upon this tract, instead of one-half their value. It was held that A could recover the amount thus paid in by him in excess of the amount necessary to equalize his share with B's.10