1. In SCI Minnesota Funeral Services, Inc. v. Washburn-McReavy Funeral Corporation the state Supreme Court noted that the district court relied on Costello v. Sykes, a 1919 case. Appellants contended that the Supreme Court should not rely on Costello in reaching a decision. Did the Supreme Court rely on Costello or overrule it?

1. In Cherry v. McCall the Texas Court of Appeals dealt with a case wherein the Cherrys sought a ruling that a "walled-in room constituted a mutual mistake justifying rescission." The court ruled that a "meeting of the minds" (a) did take place; (b) did not take place.

1. In Bert Allen Toyota, Inc. v. Grasz Judge Chandler referred to a four-part test that must be met before the remedy of rescission should be granted. First, the mistake was of so fundamental a character that the minds of the parties have not, in fact, met. Second, there was no gross negligence on the part of the plaintiff. Third, no intervening rights have accrued. What is the fourth element of the test?