Dill Enterprises, Inc. v. De Leo

OPINION OF THE COURT

Joseph J. Traficanti, J.

In this case there was a mistake of fact made by the seller, the plaintiff herein, in misquoting a price for goods. In relying on the misquoted price, which was less than it should have been, the buyer, defendant herein, materially changed his position by constructing a deck before the mistake was noticed by either party.

Defendant relies on the case of Abner M. Harper, Inc. v City of Newburgh (159 App Div 695, 697), which holds that recission involves inquiring into whether parties can be put back in status quo; if this cannot be done, then the…