Vermette V. Andersen

This is an appeal from a Pierce County judgment in which the trial court found that the parties to a land sale contract were mutually mistaken about the suitability of the property for the construction of a  residence. The trial judge, sitting without a jury, granted rescission of the contract and ordered restitution of the purchase price. On appeal, the vendors, Norman and Eva Andersen, contend that there is no substantial evidence supporting the trial judge's finding of mutual mistake of a material fact. Specifically they challenge findings of fact Nos. 5 and 9, which read as follows: