Bentley v. Smith
New York Court of Appeals
Thomas H. Bentley brought this action in the supreme court against Norman Smith, to reform a "written instrument for the sale of land, and for a specific performance of the contract as reformed. The plaintiff was the assignee- of the vendee, and he sought to reform the contract upon the ground of fraud in the vendor, by which a portion of the premises actually bargained for was omitted from the description.
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Thomas H. Bentley brought this action in the supreme court against Norman Smith, to reform a "written instrument for the sale of land, and for a specific performance of the contract as reformed. The plaintiff was the assignee- of the vendee, and he sought to reform the contract upon the ground of fraud in the vendor, by which a portion of the premises actually bargained for was omitted from the description. The complaint charged that one Ladow contracted to purchase certain premises of the defendant for the price of one thousand dollars; that the boundaries were pointed out to him, and, at…
1Opinion of the CourtMorgan, J.
[After stating the above facts.] — Upon the appeal to this court, the appellant’s counsel relies upon a single point to reverse the judgment, viz: that the assignment' to the plaintiff was specific of the written contract and the land therein described. This, he -insists, did not transfer any right, to the plaintiff to claim the specific performance of another and different contract.
This objection does not appear to have been taken in the *129court below, and we hear of it here for the first time. There is nothing in the statement of facts found by the court which will enable us to understand…
2Cases cited1 opinion
- Westcott v. . ThompsonNew York Court of Appeals · 1858
3Cited by2 opinions
- Beck-Brown Realty Co. v. Liberty Bell Ins.New York Supreme Court · 1930
- Fox v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1913