Belknap v. Sealey
The Superior Court of New York City
Appeal from a judgment at special term. The complaint alleges, that the plaintiff, on the 22d February, 1851, bargained with the defendant to buy of him a piece of ground at and near the south-east corner of Atlantic street and Clason Avenue, in Brooklyn.
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Appeal from a judgment at special term. The complaint alleges, that the plaintiff, on the 22d February, 1851, bargained with the defendant to buy of him a piece of ground at and near the south-east corner of Atlantic street and Clason Avenue, in Brooklyn. That defendant, well knowing the premises to contain a much less quantity than 8 acres and 154 perches of land—viz. 4 acres and TVro parts of an acre only, then and there falsely, and as plaintiff believes, fraudulently represented, or caused the premises to be represented, to him to be and contain 8 acres and 154 perches; falsely, and as he…
1Opinion of the CourtBy the Court. Emmet, J.
The view taken of this case by the judge before whom it was tried presents the following questions.
First, Was the contract of sale made under a mutual mistake of both plaintiff and defendant as to the actual quantity of land ?
Second, Was the fact, in regard to which such mutual mistake existed, material to the contract; or, in the words of the judgment below, was the actual quantity substantially and essentially less than the quantity which the plaintiff supposed he was purchasing ?
Thvrd, Did such mutual mistake, and materiality as to the fact in regard to which it existed, warrant the court…
2Cited by9 opinions
- Martin v. HamlinMichigan Supreme Court · 1869
- Johnson v. PolhemusCalifornia Supreme Court · 1893
- Northrop v. SumneyNew York Supreme Court · 1858
- Weart v. RoseNew Jersey Court of Chancery · 1863
- Hansen v. WagnerCalifornia Supreme Court · 1901
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