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accepted acreage acres action actual agreement agreed amount applied Bank basis beneficiary benefit bona fide purchaser claim Conn constructive trust contract formation Corbin decision decree deed defendant defendant's denying restitution discussed drawee effect enforcement entitled equity error executory favor granting restitution infra issue land legatee liability lien limited Mass meaning ment mistake in expression mistake in performance mistake of fact mistake of law mistaken belief mistaken payment mistakenly paid misunderstanding mortgage Natl obligation oral agreement overpayment parol evidence rule payee payor plaintiff present problem reason to know recover recovery reformation refused relief rescind rescission Restatement of Contracts Restatement of Restitution result situation specific performance Statute of Frauds subrogation supra note text at note tion tract transaction trust Uniform Commercial Code unilateral mistake unjust enrichment valid vendor Williston writing written contract