Pennell v. Wilson
The Superior Court of New York City
I.—October, 1864. Appeal from a judgment. The complaint in this action, which was brought by Mary H. Pennell against Edwin Wilson, alleged the entering into an agreement, on July 1,1863, between the plaintiff and defendant, for the sale and purchase of a house and lot of land in this city ; that the agreement provided for the payment of §4,060, part of the purchase, on the first day of November, 1863, when the deed was to be delivered; that it was further agreed between the…
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I.—October, 1864. Appeal from a judgment. The complaint in this action, which was brought by Mary H. Pennell against Edwin Wilson, alleged the entering into an agreement, on July 1,1863, between the plaintiff and defendant, for the sale and purchase of a house and lot of land in this city ; that the agreement provided for the payment of §4,060, part of the purchase, on the first day of November, 1863, when the deed was to be delivered; that it was further agreed between the parties that of the taxes which would be confirmed and become a lien on said property in the month of September, 1863,…
1Opinion of the Court
By the Court*—Monell, J.
— A court of equity has power to give relief, where there lias been a mistake or omission, in a written agreement, and may, in an appropriate action, conform the agreement to the intent of the parties. In such cases,’ parol evidence of the agreement, or intent of the parties, is admissible, to prove that by mistake something material has been omitted ; or that it contains more than was intended ; or that it varies from their intent by expressing something different in substance from the truth of that intent.
These cases are perhaps the only exception to the general rule…
2Cases cited19 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Arthur v. ArthurNew York Supreme Court · 1850
- Mutual Life Insurance v. WagerNew York Supreme Court · 1858
- Bank of Utica v. IvesNew York Supreme Court · 1837
- Wellington v. ClaasonNew York Supreme Court · 1859
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