Legal Opinion

Stevenson v. Spratt

The Superior Court of New York City

Decided April 5, 1874Published

Appeal from judgment. The action was, first, for the reformation of a written contract for 'the sale of land ; and, second, for the specific performance of the contract when reformed. The complaint alleged that in September, 1870, the plaintiff and the defendant Spratt entered into an agreement, wherein the defendant agreed to sell and convey to the plaintiff certain premises in the city of New York, and to perform certain work in and upon the premises.

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Appeal from judgment. The action was, first, for the reformation of a written contract for 'the sale of land ; and, second, for the specific performance of the contract when reformed. The complaint alleged that in September, 1870, the plaintiff and the defendant Spratt entered into an agreement, wherein the defendant agreed to sell and convey to the plaintiff certain premises in the city of New York, and to perform certain work in and upon the premises. The mistake in the contract, as alleged, was in describing the premises. The plaintiff alleg’ed performance on his part and re fusal by…

1Opinion of the Court

By the Court.—Monell, J.

Upon the pleadings in this action, and without regard to any of the evidence, the plaintiff1 was entitled to judgment for the specific performance of the contract. But the court found as a fact, that at the time appointed for the performance of ■ the contract, the defendant neglected and refused to perform, and has ever since remained 11 unable to perform.”

The evidence to support the finding of inability to perform was very slight, and were it now material to the result, I should be unable to regard it as sufficient. The only evidence was to the effect that when the…

2Cases cited3 opinions

  1. Morss v. ElmendorfNew York Court of Chancery · 1844
  2. Clarke v. Rochester, Lockport & Niagara Falls RailroadNew York Supreme Court · 1854
  3. Chamberlain v. DempseyThe Superior Court of New York City · 1862

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