Bennett v. Edison Electric Illuminating Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 16, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was entitled to a trial by the court of its equitable counterclaim for the reformation of the written contract. (Code Civ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 16, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was entitled to a trial by the court of its equitable counterclaim for the reformation of the written contract. (Code Civ. Pro. §§ 969, 974; Maher v. H. Ins. Go., 67 N. Y. 283; Kilmer v. Smith, 77 N. Y. 226; A. C. Sav. Inst. v. Burdick, 87 N. Y. 40;…
1Opinion of the CourtHaight, J.
This action was brought to recover the contract price for digging two wells at the defendant’s electric lighting station. The contract was in writing, and as written, the defendant agreed to pay the plaintiffs $10 per one thousand gallons of watér per day of twenty-four hours, upon completion of the wells and after their test. The answer interposed by the defendant alleged, for a defense and by way of counterclaim, that the agreement was to pay $1.00 per thousand gallons of water furnished, instead of $10.00 as stated in the contract, and that the signing of the contract by the defendant’s…
2Cases cited1 opinion
- MacKellar v. . RogersNew York Court of Appeals · 1888
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- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- United States Fidelity & Guaranty Co. v. GoetzNew York Court of Appeals · 1941
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