Hammond & Taylor. Inc. v. Duffy Tingue Co.

Seitz, Chancellor:

Plaintiff, Hammond & Taylor, Inc. (“plaintiff”) brought this action to reform a certain written agreement and thereafter to obtain the return of a $2,500 deposit made in connection with the execution thereof. The agreement was with the defendant, Duffy Tingue Co. (“defendant”) to purchase for $25,000 the defendant’s retail heating oil distributing business and assets, including the good will. The defendant’s agent Emmett S. Hickman Company, also a defendant (“Hickman”), brought about the sale and its agent drew the agreement of sale dated November 28, 1958, to which the…