Moffett, Hodgkins & Clarke Co. v. City of Rochester
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. This was a suit in equity by the Moffett, Hodgkins & Clarke Company against the city of Rochester and others for the reformation or rescission of a contract for public work. From a decree rescinding and annulling the contract (82 Fed. 255), the city appeals.
1Opinion of the Court
WALLACE, Circuit Judge.
By the decree appealed from, the complainant has been released from the obligation to enter into and perform a contract with the city of Rochester for the construction of certain municipal works conformably to the terms of a written proposal delivered by the complainant to the executive board of said city. The decree adjudged the proposal void, and ordered it rescinded, upon the theory that it embodied terms inserted by the mistake of the complainant. The case presents the general question of the power of a court of equity to rescind a contract on the ground of mistake.
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2Cases cited15 opinions
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Hearne v. Marine InsuranceSupreme Court of the United States · 1874
- Griswold v. HazardSupreme Court of the United States · 1891
- Eyre v. PotterSupreme Court of the United States · 1854
- Nevius v. . DunlapNew York Court of Appeals · 1865
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3Cited by13 opinions
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- United States v. Sabin Metal CorporationDistrict Court, S.D. New York · 1957
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