This section contains the nature of the case and procedural background.

Smith (P) was 86 and had been a collector of rare violins for many years. Zimbalist (D) was an owner and collector of rare violins too and was also violinist of great prominence. D visited P at P's home and negotiated with P to buy two violins; a Stradivarius, and a Guarnerius. P stated that he could sell them for $8,000 and that he wanted $2,000 down and $1,000 per month on the balance of the purchase price. A memorandum was signed stating the terms of the sale and the items sold. The violins were fakes. Neither party was aware of that status during the sale. P sued D to enforce the contract. The trial court decided the case based on mutual mistake and that P was not entitled to enforce the agreement and judgment was given to D. P appealed; the doctrine of caveat emptor should have been applied.

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