Albany Heights Realty Co. v. Vogt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,.,Albany Heights Realty Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 26th day of October, 1917, upon the decision of the court after a trial at the Kangs County Special Term. The judgment decreed the reformation of a contract between the parties and declared it void. It dismissed the complaint on the merits and directed a money judgment in defendant’s favor.
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Appeal by the plaintiff,.,Albany Heights Realty Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 26th day of October, 1917, upon the decision of the court after a trial at the Kangs County Special Term. The judgment decreed the reformation of a contract between the parties and declared it void. It dismissed the complaint on the merits and directed a money judgment in defendant’s favor. The original agreement for a sale of land on Malbone street, Brooklyn, dated September 9, 1916, gave the vendee an option…
1Opinion of the Court
Putnam, J.:
Although the parties presumably had considered the question of building a riding academy and stables on the land that was the subject of this contract of sale, there was no evidence of such accident or mistake in the wording of the agreement as would call on a court of equity to reform this agreement by inserting the clause set up in the. answer.
Defendant had reserved a complete power to cancel on ten days’ notice, which, no doubt, was rightly deemed to cover any future eventuality that might make it desirable to withdraw from the contract.
By the notification of January 27, 1917,…
2Cases cited1 opinion
- People ex rel. Beinert v. MillerNew York Supreme Court · 1917
3Cited by1 opinion
- Bernard Smyth Construction Corp. v. BrooksNew York Supreme Court · 1973