Common mistake as to some fact which is a condition precedent to the formation of a contract.

{z) Webster v. Cecil, 30 Beav. 62, as explained in Tamplin v. James, 15 Ch. D. 215, 221, 222.

(a) Above, p. 690.

(b) Above, pp. 667 sq.

(c) Hitchcock v. Giddings, 4 Price, 135; Strickland v. Turner, 7 Ex. 208 ; Couturier v. Hastie, 5 H. L. C. 673.

(d) See Hitchcock v. Giddings, 4 Price, 135; Strickland v. Turner, 7 Ex. 208; Cochrane v. Willis, L. P. 1 Ch. 58; Scott v. Coulson, 1903, 2 Ch. 219.

Depreciation in quality unknown to the contracting parties.

(e) SS. CC.

(f) Hitchcock v. Giddings, 4 Price, 135, 141.

[g) See Barr v. Gibson, 3 M. & W. 390.

(h) Above, p. 682.

For this purpose a mistake in a matter of private right, such as a man's title to some particular piece of land, stands on the footing of a mistake of fact. Thus if A. agree to sell Blackacre to B., both parties believing it to belong to A., and it turn out afterwards that the land really belonged to B., the contract is void, B. may resist its performance either at law or in equity, and if it have been completed, the conveyance may be set aside and the purchase money recovered (k).

Common mistake as to private right.