Schmidt v. Livingston
New York Court of Chancery
Bill, for specific performance of an agreeme of real estate, filed by vendee against vendor. The complainant had become the purchaser ground at auction. The advertisement of sale did riTTtvkrstrfittfe their dimensions, but reference was made to their being Bloomingdale lots on the Depeyster Tract. A lithographic map used at the sale gave their numbers&emdash;45, 46, 92, 93 and 237&emdash;but not their admeasurement. They were struck off at eighty-five dollars a lot.
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Bill, for specific performance of an agreeme of real estate, filed by vendee against vendor. The complainant had become the purchaser ground at auction. The advertisement of sale did riTTtvkrstrfittfe their dimensions, but reference was made to their being Bloomingdale lots on the Depeyster Tract. A lithographic map used at the sale gave their numbers&emdash;45, 46, 92, 93 and 237&emdash;but not their admeasurement. They were struck off at eighty-five dollars a lot. Deposit money was paid. It appeared by the defendant’s answer, that both parties had been under the impression that the lots…
1Opinion of the Court
The Vice-Chancellor :
This court does not interfere to compel a specific performance, where, from any circumstances of accident, mistake or fraud attending the making of the contract, it would be inequitable and unjust to exact a performance. The principle on which this court withholds its aid in such cases is shown in Clowes v. Higginson, 1 Ves. and Beames, 524, and in the cases there cited.
The facts disclosed in the' bill and answer (and the latter, although replied to, is, to a considerable extent, evidence, at any rate, where not disproved) appear to me to bring the present within the…
2Cited by1 opinion
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