Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 6

When Olga Mestrovic died, the 1st Source Bank was appointed as her estate's representative. She owned many art works created by her husband, Ivan Mestrovic, an internationally known sculptor and artist. Her will stated the art was to be sold and the proceeds distributed to family members. Olga also owned real estate, which the bank arranged to sell to the Wilkins. The sale agreement included such personal property as appliances, drapes, and French doors in the attic. After the closing, the Wilkins complained that the premises were left in a cluttered condition and would require substantial cleaning. The bank said the Wilkins could clean the property and keep any items of personal property they wanted, or they could hire a rubbish removal service. Neither party knew art works remained on the premises. During the cleanup, the Wilkins found eight drawings and a plaster sculpture by Ivan Mestrovic. The bank sued them for the return of the art works. Can it recover them on the basis of mistake?