White v. . Williams
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial district, reversing a judgment in favor of the plaintiffs, entered upon the decision of the court, and ordering a new trial. The action was brought to compel the specific performance of an agreement to sell a lot in the city of Yew York.
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Appeal from order of the General Term of the Supreme Court, in the first judicial district, reversing a judgment in favor of the plaintiffs, entered upon the decision of the court, and ordering a new trial. The action was brought to compel the specific performance of an agreement to sell a lot in the city of Yew York. The agreement was in writing, dated August 23d, 1863, and described the lot as follows: “ The dwelling-house and lot known as Yo. 26 Rutger’s place, Monroe street, in the city of Yew York, being the same premises lately conveyed to the party of the first part, by Muller, the…
1Opinion of the Court
Earl, C.
The Supreme Court, at General Term, reversed the judgment given at Special Term, and held that the plaintiffs were not entitled to the relief demanded by them, because both parties were mutually mistaken as to the depth of the lot, both supposing that the 120 feet would include the whole of the stable.
The evidence and the finding of the judge show that both parties intended, the grantor to sell and the grantees to purchase, to the rear end of the stable. Both, however, supposed that 120 feet would extend the lot thus far. Both parties must stand upon the written agreement, as neither…
2Cases cited1 opinion
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by8 opinions
- Crampton v. PrinceSupreme Court of Alabama · 1887
- Day v. WaldenMichigan Supreme Court · 1881
- Jones v. . SmithNew York Court of Appeals · 1878
- Meyer v. BoydNew York Supreme Court · 1889
- Ayers v. HuddlestonIndiana Court of Appeals · 1903
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