Thompson v. Howell

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: The plaintiffs appeal from a judgment dismissing their amended complaint on the merits. Among other things the amended complaint sought reformation of a contract for the sale of real property to show the intent of the parties at the time the contract was made as to a cancellation clause in favor of the defendants. At the time of trial before the court without a jury the plaintiffs conceded that they had received a cancellation notice. Based on this…