Whether the agreement between the parties was void and consequently can the earnest money received by the petitioner stand forfeited to him?
Parties under a mistake as to a matter of fact essential to the agreement from the very inception but realizing the mistake at a later stage amounts to the agreement being discovered to be void.
Whether Mr. Hughes is entitled to pay the remaining amount or can he avoid the contract because Mr. Smith had not delivered the type of oats that the defendant had expected?
Mere silence as to anything cannot be taken as misrepresentation. If the buyer has full opportunity of inspecting the products contracted for and thereupon form his judgment, and if he relies only on his own judgment, the rule caveat emptor applies.
In the absence of any discussion about the quality of goods, an objective test revealed that a reasonable person will believe that the sale would be of good quality oats.