Upon rescission for mistake the party who has performed in part may recover the value of his performance.1 If the parties believe that they have entered into a contract, but by reason of mistake no valid contract exists, one who has furnished property or services under such contract may recover a reasonable compensation therefor if the specific property can not be returned to him in specie.2

1 Long v. Inhabitants of Athol, 196 Mass. 497, 17 L. R. A. (N.S.) 96, 82 N. £. 665; Lee v. Laprade, 106 Va. 594, 117 Am. St. Rep. 1021, 56 S. £. 719.

2 Peerless Glass Co. v. Pacific Crockery & Tinware Co., 121 Cal. 641, 54 Ac. 101; Long v. Inhabitants of Athol, 196 Mass. 497, 17 L. R. A. (N.S.) 96, 82 N. E. 665.