Crowe v. . Lewin
New York Court of Appeals
Appeal from a judgment of Special Term after an affirbiance by the General Term of the Supreme Court, in the first judicial department, by order made March 20, 1883, of an interlocutory judgment in favor of the plaintiffs.
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Appeal from a judgment of Special Term after an affirbiance by the General Term of the Supreme Court, in the first judicial department, by order made March 20, 1883, of an interlocutory judgment in favor of the plaintiffs. This action was brought originally by Patrick Crowe, the present plaintiff’s intestate, for the rescission of an alleged contract, for the exchange of real estate on the grpund of fraud, and for an accounting for the rents and profits of the premises conveyed by plaintiff while they were in defendant’s possession. The court refused to find fraud, but found in substance that…
1Opinion of the CourtFinch, J.
In this case the minds of the parties never met. The contract in form was not a contract in fact. It originated in mistake, and that mistake not mutual and about the same thing, but different pn the part of eachj Taking the findings as our guide, it appears that the plaintiff agreed to exchange his house and lot for four lots at Williams Bridge which the defendants represented that they owned and could convey. As matter of fact they did not own them, but did own a triangular parcel in the neighborhood fronting on the Bronx river, but of trifling value and much inferior area, which they say…
2Cases cited1 opinion
- Dunning v. . LeavittNew York Court of Appeals · 1881
3Cited by32 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- R. M. Waggoner v. Herring-Showers Lbr. Co.Texas Supreme Court · 1931
- Alexander v. Equitable Life Assurance SocietyNew York Court of Appeals · 1922
- O'Neal v. HarperSupreme Court of Oklahoma · 1937
- Moffett, Hodgkins & Clarke Co. v. City of RochesterCourt of Appeals for the Second Circuit · 1898
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