Albro v. Gowland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth Gowland, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Cayuga on the 31st day of December, 1903, upon the decision of the court, rendered after a trial at the Cayuga Special Term, reforming and directing performance by defendant of a contract for the sale of real estate.
1Opinion of the Court
Hiscock, J.:
This action was brought to procure reformation of a contract for the sale of a lot in the city of Auburn from plaintiff to defendant and to compel performance by said defendant of the contract when so reformed.
*475The differences between the parties have been precipitated by an alleged shortage in the depth of the lot contracted to be sold of about twenty-three feet. Plaintiff, through a real estate agent, having effected a sale of her lot to the defendant, executed a written contract of sale whereby, amongst other things, in consideration of a purchase price of $10,500, she agreed, “…
2Cases cited2 opinions
- Nevius v. . DunlapNew York Court of Appeals · 1865
- Curtis v. . AlbeeNew York Court of Appeals · 1901
3Cited by1 opinion
- City of New York v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1913