Mills v. . Kampfe
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 11, 1909, reversing, on questions of law, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 11, 1909, reversing, on questions of law, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. . • . Equity recognizes the right of a plaintiff to relief from an inequitable situation such as here existed. (Gallup v. Bernd, 132 N. Y. 370; Hill v. Buckley, 17 Ves. 394; Belknap v. Sealey, 14 N. Y. 143; Warvelle on Vendors,…
1Opinion of the CourtHiscock, J.
Appellant’s assignor made a written contract for the purchase at $47,500 of a tract of land from the defendants other than the executrix Kampfe, who represents one Kichard Kampfe, who was one of the vendors. Thereafter said contract was assigned to the appellant, who executed the same and received a deed of the premises. She brought this action claiming that she and her assignor were led by representations of the vendors to believe that said tract contained 264 65-100 acres, whereas it contained a little less than 231 acres, and she sought to have the contract reformed and to recover for the…
2Cases cited1 opinion
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