Moffett v. Jaffe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rose Jaffe, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of December, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the defendant’s demurrer to the complaint. The defendant demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Gaynor, J.:
Stripped of verbiage and made lean, the complaint is that the plaintiff and the defendant entered into a contract of sale of a tract of land by the latter to the former for $4,500 under a mutual mistake of fact, alleged to have been made by the defendant’s agents to the plaintiff, that it contained 28 acres, it containing in fact only 24.853 acres; and the prayer is for a reformation of the contract by stating the contract price as $4,025, arrived at by a proportionate reduction by the acre for the deficiency, and for specific performance of the reformed contract.
But there is no…
2Cases cited1 opinion
- Kranz v. LewisAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Thraves v. GreenleesSupreme Court of Oklahoma · 1914
- Sweet v. MarshAppellate Division of the Supreme Court of the State of New York · 1909
- Compagnie Generals de Fourrures & Pelleteries v. Herzig & Sons Co.New York Supreme Court · 1915
- Fisher v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1955
- Mills v. KampfeAppellate Division of the Supreme Court of the State of New York · 1909