Botsford v. McLean & McPherson
New York Supreme Court
PPEAL from a judgment entered upon the report of a referee. The action was brought for the purpose of making the writings between the parties conform to their prior oral contract.
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PPEAL from a judgment entered upon the report of a referee. The action was brought for the purpose of making the writings between the parties conform to their prior oral contract. The complaint alleged that on the 5th day of June, 1862, the plaintiff and defendants entered into ah oral agreement, whereby the plaintiff, for the consideration of $6000, sold to the defendants, at the city of Rochester, all the furniture and personal property then owned by the plaintiff, and in a building or public house in that city, known as the Waverly Hotel, and delivered possession thereof; and that the…
1Opinion of the Court
By the Oourt,
James 0. Smith, J.
It is a salutary and invariable rule of courts of equity, that in an action to reform a written agreement, on account of an alleged mistake of facts, relief will not be granted except upon the clearest and most satisfactory proof of the mistake- and of the real agreement between the parties. (1 Story’s Eq. Jur. § 152.) This is upon the ground that the written paper ought to be *454treated as a full and correct expression of the intent of the parties, until the contrary is established beyond reasonable controversy. (Id. 2 John. Ch. 285. Id. 630.)
Keeping this rule in…
2Cited by2 opinions
- Botsford v. McLeanNew York Supreme Court · 1866
- Mills v. LewisNew York Supreme Court · 1869