Marvin v. Bennett
New York Supreme Court
PPEAL from Chancery. Marvin filed a bill for relief in reference to a purchase made by him of a tract of land situate in the now city of Buffalo, alleging misrepresentation on the part of the vendors prior to the sale, as to the quantity of land embraced in the tract.
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PPEAL from Chancery. Marvin filed a bill for relief in reference to a purchase made by him of a tract of land situate in the now city of Buffalo, alleging misrepresentation on the part of the vendors prior to the sale, as to the quantity of land embraced in the tract. P. Bennett and W. Williams, the owners of the tract, agreed to sell it to A. Marvin, for the sum of twelve thousand dollars, of which sum six thousand dollars was to be secured by bond and mortgage, and for the residue, Marvin was to give two notes of three thousand dollars each. The contract was executed at Buffalo, by the…
1Opinion of the Court
*180After advisement, the following opinions were delivered:
Mr. Justice Co wen observed, that fraud was not alleged in the bill; and if any thing, this was a case of mistake. The proof tends to show a mistake; but it is not sufficient/ to authorize the rescindment of the contract. The maxim, potior est conditio defendentis applies, and, unless a mistake \ is clearly shown, there is no relief. To create doubt is not enough to entitle the party complaining of a mistake in a contract to be heard by a court of chancery. The vendor when desired to warrant the quantity or number of feet contained in…
2Cited by23 opinions
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- Board of Commissioners v. YoungerCalifornia Supreme Court · 1865
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