Curtis v. Giles
The Superior Court of the City of New York and Buffalo
Action by Benjamin L. Curtis, individually and as trustee, agáinst William Ogden Giles and others, to reform a contract Complaint dismissed.
1Opinion of the CourtMcADAM, J.
Where there is error in reducing an agreement into writing, so that the written instrument fails, through some mistake of the draughtsman, to represent the real contract of the parties, or omits or contains terms or stipulations contrary to the common intention, equity may reform the instrument so as to make it conformable thereto. This is elementary, but the proofs fail to bring the present action within the rule stated. The plaintiff has also failed to establish a case of mutual mistake, or of mistake on his part, and fraud on the part of either of the other parties to the contract, which…
2Cases cited13 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- Stoddard v. . HartNew York Court of Appeals · 1861
- Mead v. . Westchester Fire Insurance Co.New York Court of Appeals · 1876
- Avery v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1889
- Moran v. . McLartyNew York Court of Appeals · 1878
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