house and not subject to controlled rent.
relief in equity, but lease was not nullity from beginning.
were under common misapprehension either as to facts or to their relative and
respective rights, provided misapprehension was fundamental and party seeking
to set it aside was not himself at fault.
represents origin of idea that common law and equity have different doctrine of
judgment relies on v narrow interpretation of Bell – that once parties have reached overt agreement, breach of
express or implied condition required for mistake at common law.
in reality, Bell test must have been
intended to be wider than this.
stated court has power to set aside contract wherever it is unconscientious for
other party to avail himself of his legal advantage.
be so fundamental as to make contract void at common law.
stated equity had superseded common law where contractual mistake concerned.