Legal Opinion
Nash v. Kornblum
New York Court of Appeals
Decided November 1, 1962PublishedCited by 48 opinions
1Opinion of the CourtFoster, J.
The question before us is whether reformation should be granted where the written executed contract contains an essential term which does not represent the term as originally agreed upon in the oral negotiations. The remaining essential terms were not fixed until the execution of the formal contract.
The development of the negotiations and agreement are set forth as follows. Plaintiff, a fence building company, through its sales estimator, Mr. Harkness, and defendant, who conducted a Summer camp, entered into negotiations on March 17, 1958 concerning new fencing around three tennis courts.…
2Cases cited8 opinions
- Amend v. HurleyNew York Court of Appeals · 1944
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Hart v. BlabeyNew York Court of Appeals · 1942
- Salomon v. North British & Mercantile InsuranceNew York Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Schmidt v. Magnetic Head Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Barclay Arms, Inc. v. Barclay Arms AssociatesNew York Court of Appeals · 1989
- The Chase Manhattan Bank, a National Banking Association v. The First Marion Bank, a Banking CorporationCourt of Appeals for the First Circuit · 1971
- Barbagallo v. Marcum LLPDistrict Court, E.D. New York · 2011
43 more not listed; retrieve them via the Exa API.