Eidlitz v. Manhattan Wrecking & Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Otto M. Eidlitz and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of March, 1914, dismissing the complaint upon the decision of the court after a trial at the New York Special Term. The suit was brought for the reformation of a written contract.
1Opinion of the Court
Clarke, J::
The learned Special Term in its decision found, inter alia, the following facts:
The plaintiffs doing business under the firm name and style of Marc Eidlitz & Son, on May 17, 1911, entered into a written contract with the New York Society for the Belief of Buptured and Crippled for the erection of a hospital on the site of the buildings then known as 304-322 East Forty-third street, inclusive, and 303-325 East Forty-second street, inclusive, in the borough of Manhattan, city of New York. Theretofore and on May eleventh the defendant made application to the' society asking to whom…
2Cases cited8 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- Gillespie v. MoonNew York Court of Chancery · 1817
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- Cox v. . StokesNew York Court of Appeals · 1898
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3Cited by1 opinion
- MacLean v. HartNew York Supreme Court · 1931