Consent is not mutual unless the parties all agree upon the same thing in the same sense. In certain cases prescribed in the law on interpretation of contracts they are to be deemed so to agree without regard to the fact.

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Source: CivC 1877, § 891; CL 1887, § 3515; RCivC 1903, § 1209; RC 1919, § 824; SDC 1939, § 10.0315.