Roberts v. Derby
New York Supreme Court
Appeal from judgment on report of referee. Action by Alpha Roberts against Alanson Derby for the reformation of a written contract, and its enforcement as reformed. From a judgment in plaintiff’s favor, defendant appeals.
1Opinion of the CourtLewis, J.
This action was brought to obtain reformation of a written contract, and for damages for a breach thereof as reformed. The learned referee to whom the action was referred found that by the mutual mistake of the parties the contract failed to express their actual agreement, and he directed judgment for the plaintiff, reforming the contract, and for damages for the breach thereof; and the question presented for our decision is whether the evidence sustains his findings.
The defendant, Derby, was the owner of a farm in the town of Persia, Cattaraugus county, on which was a considerable quantity…
2Cases cited2 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Bockes v. . LansingNew York Court of Appeals · 1878
3Cited by4 opinions
- Wilson v. MorrisColorado Court of Appeals · 1894
- Watson v. . OwenMississippi Supreme Court · 1926
- Sternback v. FriedmanNew York Supreme Court · 1898
- Wilson v. MorrisColorado Court of Appeals · 1894