Boskett offered to sell a 1916 dime to Beachcomber Coins, Inc. Beachcomber exami

Question

Boskett offered to sell a 1916 dime to Beachcomber Coins, Inc. Beachcomber examined the coin carefully and agreed to pay Boskett $500 for it. Later, Beachcomber asked a representative from the American Numismatic Society to examine the coin. The coin turned out to be counterfeit. No evidence existed to indicate fraud on Boskett's part. Beachcomber sued Boskett for rescission and a return of the $500. Beachcomber claimed this bilateral mistake of fact created grounds for a rescission. Was Beachcomber correct? Explain. Beachcomber Coins, Inc. v. Boskett, 400 A.2d 78 (NJ 1979).

Explanation / Answer

Beachcomer is DEAD WRONG. As they weren't solely offered, however really DID examine the item before sale, they'd have a very weak case notwithstanding Boskett really knew the coin was counterfeit. Beachcomer may have requested examination by the yankee Numismatic Society before the acquisition

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