Treacy v. Hecker

— The. action; as tried at special term, involves primarily the rights in equity of the plaintiff to have the contract reformed, or for fraud annulled. It is unnecessary to consider whether, if relief were adjudged on either ground, the plaintiff would have had a right to recover the amount actually due, inasmuch as the conclusion is that the defendants must have judgment in their favor as to both of these claims.

*70As to the claim for a reformation or modification, it is only necessary to say that the evidence of the plaintiff clearly shows that he signed the contract in writing, with a full…