Rescission for unilateral mistake of fact

Equity will not reform a written contract unless the mistake is shown to be the mistake of both parties; but it may rescind and cancel upon the ground of mistake of fact material to the contract of one party only. History. — Civil Code 1895, § 3982; Civil Code 1910, § 4579; Code 1933, § 37-207. History of Code section. — This Code section is derived from the decision in Werner v. Rawson, 89 Ga. 619, 15 S.E. 813 (1892).