Question: Donna and Clifford Murray, divorced, agreed to a judgment that awarded Clifford their home and custody of the younger of their two sons. The older son attended college in another state. The older son returned home and the two boys fought, so the younger went to live with Donna.
She asked the court to set aside the judgment because she had given up her right to the home thinking Clifford would totally support the younger son. Donna claimed the judgment was based on mutual mistake of fact that the younger son would live with Clifford. By law, the judgment was a contract that could only be rescinded on the same grounds as any other contract. Should the judgment be set aside?