He (the Judge) therefore, held that these settlement contracts, by _libellants before the Consul at Foochow, could the rescinded and set aside by this jection, if there ever existed a mutual mistake of mat it- which induced Tibellants to Tt appeared from the testimony that libellants were given to understand that G. $204 would pay their passage back to Seattle and that they could obtain a first-class Passage on the Manila Maru on June 3, and settlement. wi fon this understanding. The hants contended that all parties Jwere mutually mistaken ax to the facts which induced them to make this settlement, and it was reason of these mutual mistakes that the libellants now claimed. right to rescind and set aside these settlement contracts. Costs. of transportation were material facts taken into consideration by both parties. Holding, ax his Honour that the Court had jurisdiction to set aside these settlements and take such action as justice should require, it only remained to ascer~ tain and determine what additional moneys, if any, libellants were entitled to receiv By reason' of these mistakes five
Text read from the printed page and cleaned; old type leaves the occasional error.