Pet Pig Farm

question 67

Multiple Choice

Pet Pig Farm.Marcy wanted to buy Lucy's land and use it to breed small pigs to be kept as pets.Marcy told Lucy that having water on the property was very important.Lucy assured her that a spring ran through one corner of the property.Therefore,Marcy agreed to buy the farm.Although she did not ask Lucy anything about it,Marcy,who loved pigs,assumed that the neighbors would be pleased with the pigs being in the area.In a separate contract,Lucy also agreed to sell Marcy a used truck for $5,000.After the contract for the land sale was entered into,it was discovered that actually the spring did not run through the corner of Lucy's property.The area in which the spring ran actually belonged to a neighbor.Additionally,when Lucy brought Marcy the used truck,Marcy said,"That's not the truck!" It was discovered that Lucy,who had two trucks,thought that Marcy had bought the older truck when Marcy thought she had purchased the newer truck.Marcy was also surprised when she received a petition signed by all surrounding landowners objecting to the presence of the pigs and threatening to sue Marcy for nuisance.Which of the following is the most likely result in the dispute between Marcy and Lucy regarding which used truck was sold assuming that both Marcy and Lucy were each innocently mistaken and did not intend to defraud the other?

• A)The contract will be rescinded.
• B)Marcy will be allowed to pick the truck she wants to buy because she is the buyer,and she may also recover damages.
• C)Lucy will be allowed to pick the truck she wants to sell because she is the seller.
• D)Marcy will be allowed to pick the truck she wants to buy because she also had a contract on the ancillary farm.
• E)Marcy will be allowed to pick the truck she wants to buy because she is the buyer,but she may not recover damages.

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