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acres affirmed agent agreed agreement alleged allowed amount appellant appellee applied assumpsit Bank benefit bill breach cancellation cause of action cited claim complaint consideration contract conveyed court of equity damages decision decree deed defendant defendant's doctrine enforce entitled equitable lien evidence executed fraud fraudulent ground held intended Iowa judgment jury land lease liability lien Mass ment Minn misrepresentation mistake of fact mistake of law money paid mortgage mutual mistake N. J. Eq owner parties payment performance person plaintiff plaintiff in error principal promise quantum meruit quasi-contract question reason received recover recovery reformation refused relief remedy rendered replevin representations rescind rescission restitution rule sold statute statute of frauds subrogation suit Supreme Court thereof tion tort tract transaction trial court trust vendee vendor warranty