Fox v. Coggeshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Fox, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 18th day of February, 1904, upon the decision of the court rendered after a trial at the Hew York Special Term.
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Appeal by the plaintiff, William Fox, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 18th day of February, 1904, upon the decision of the court rendered after a trial at the Hew York Special Term. The action was brought by the plaintiff as lessee against the defendants as lessors for the twofold purpose of reforming a lease of. premises occupied by the plaintiff in the city of Hew York, and of recovering damages in the sum of $3,000 alleged to be due for the breach of the lessors’ covenants therein contained…
1Opinion of the Court
O’Brien, J.:
The complaint, after setting forth the lease in- extenso, alleges • that the clause therein contained relating to the supply of steam by the lessors, should be reformed by eliminating therefrom the words and figure “ four (4) horse,”' on the ground of mutual mistake and inadvertence of the plaintiff and"the defendants. It will be noticed, therefore, that there is no claim of fraud or deceit practiced by the defendants in inducing the execution of the lease^ but the question presented is as to whether the words “four (4) horse” power were inserted in the lease by mutual mistake. It…
2Cases cited2 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Nicoll v. . SandsNew York Court of Appeals · 1892
3Cited by3 opinions
- Anderson v. EnglishAppellate Division of the Supreme Court of the State of New York · 1905
- Fagan v. UlrichAppellate Division of the Supreme Court of the State of New York · 1915
- Oliver v. McArthurAppellate Division of the Supreme Court of the State of New York · 1913