Reference no: EM133614344

Question: Two companies are negotiating a long, written k for sale of certain assets from 1 company to the other. The parties had agreed upon a sale price of $1,500,000 for the deal. This price was correctly stated in the first draft of the k, but was later mistakenly changed to $1,200,000 (the numeral 2 was substituted for the numeral 5 by mistake) by a legal secretary working on the agreement. Because the parties had many times already closely examined the clause in the k containing the formerly, correctly-stated price (stating $1.5 million) and were still negotiating only changes to other parts of the written k, the parties failed to notice the secretary's error and both parties sign the 10th version of the written k with the mistaken $1.2 million clause. Thereafter the buyer insists on this $1.2 million price written in this final version of the k, but seller refuses to follow this term in the k and won't sell for less than the original $1.5 million. Buyer sues seller for breach of k. What will the court do and why?