Pittsburgh Amusement Co. v. Ferguson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Pittsburgh Amusement Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 10th day of January, 1906, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits.
1Opinion of the Court
Scott, J.:
The plaintiff brings this action in equity to reform a written agreement between defendant and one L. M. Eirick, to whose rights *242the plaintiff claims to have succeeded, and to compel specific performance of the agreement as so reformed. Upon a former trial the complaint was dismissed upon the evidence produced by plaintiff. The judgment entered upon that dismissal was reversed by the court and a new trial ordered (100 App. Div. 458). Upon the second trial both parties gave evidence and judgment was awarded dismissing the complaint upon the merits. The plaintiff again appeals.
The…
2Cases cited2 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Pittsburgh Amusement Co. v. FergusonAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Island Paper Co. v. Carthage Timber Corp.New York Supreme Court · 1926