24. Contracts affected by mistake.

Where a contract is ineffective for some reason other than mistake, and chattels are transferred pursuant to it, the invalidity of the contract does not prevent ownership passing to the transferee, provided the transferor intended to transfer it1. The rule is the same with contracts affected by mistake, as regards real property and intangibles. As regards chattels, however, matters are different. Here the validity of the transferee's title depends on that of the underlying contract, thus a contract void for mistake passes no title at all2. By contrast, a contract voidable for fraud passes a title, but only a

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