Goldberg v. Cities Service Oil Co.

The first case is an action at law to recover a balance claimed to be due upon the purchase price of real estate; the second is. a chancery action to reform the instrument upon which the plaintiff at law relied. By agreement, the testimony in the chancery cause was introduced in the law action with slight additions. The parties in the two eases are the same.

The oil company obtained’ a decree for reformation and a judgment for no cause of action. The appeal in each case is covered by the same record.

In 1927, Goldberg, desiring to erect a gasoline filling station, entered into certain…