Legal Opinion
Petty v. Fidelity Union Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 1933PublishedCited by 3 opinions
1Opinion of the CourtDavis, J.
The plaintiff sought in this action to compel specific performance of a contract for purchase of certain lands; or, in the alternative, to recover the down payment. The defendants, by a counterclaim, asked specific performance — but on the basis of a different form of description of the premises, asking reformation of the contract. The defendants have judgment on their theory without reformation.
On November 23, 1923, Edwin R Petty leased to his nephew, Edwin E. Petty, an unimproved tract of land in the town of Smith-town, Suffolk county. It was stated that the tract contained “ about thirty…
2Cases cited4 opinions
- Blackman v. . StrikerNew York Court of Appeals · 1894
- Zink v. . McManusNew York Court of Appeals · 1890
- Clarke Estate v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930
3Cited by3 opinions
- John Hancock Mutual Life Insurance Co., Etc. v. Carolina Power & Light Company and Irving Trust CompanyCourt of Appeals for the Second Circuit · 1983
- Preminger v. Columbia Pictures Corp.New York Supreme Court · 1966
- Deutsche Bank National Trust Company v. Stewart Title Insurance CompanyDistrict Court, S.D. New York · 2024