The Missouri Court of Appeals decided in Strange v. Robinson, - S.W.3d -, 2018 WL 2676232, No. SD 35095 (Mo. App. June 5, 2018) that both the condominium unit buyers of a garage owned by other condominium unit owners, and the sellers, made a mutual mistake of fact that the garage could be sold independently of condominium units, which was barred by the Condominium Declaration. However, the sellers failed to object to the trial judge's statement of a ruling in favor of the plaintiff buyers against the sellers based on mutual mistake and consequent rescission of the sale contract, where the sellers failed to raise objections to a mutual mistake theory either during trial or in a post-trial brief. Therefore, the objection was waived on appeal.
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