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Legal Principle: Where both parties to an agreement are under a mistake as to matter of fact essential to the agreement, the agreement is void. Factual Situation: A agrees to buy certain horse from B for 10,000 and pays 5,000 as advances. It turns out that the horse was dead at the time of bargain, though neither party knew this fact. Issue: Can A recover the advance money given? Decision:

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Legal Principle: Where both parties to an agreement are under a mistake as to matter of fact essential to the agreement, the agreement is void. Factual Situation: A agrees to buy certain horse from B for 10,000 and pays 5,000 as advances. It turns out that the horse was dead at the time of bargain, though neither party knew this fact. Issue: Can A recover the advance money given? Decision:





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