Smith v. Mackin
New York Supreme Court
The plaintiff brought this action to obtain a decree directing the reformation or rescission of a contract, and for other and further relief. The plaintiff’s claim to relief was based upon allegations that he had, at the time of contracting, been mistaken as to certain material facts. The action was referred, and the facts set forth in the complaint were substantially proved upon the trial.
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The plaintiff brought this action to obtain a decree directing the reformation or rescission of a contract, and for other and further relief. The plaintiff’s claim to relief was based upon allegations that he had, at the time of contracting, been mistaken as to certain material facts. The action was referred, and the facts set forth in the complaint were substantially proved upon the trial. It also appeared that the defendant, having knowledge of the plaintiff’s misapprehension and mistake, had allowed him to contract without informing him that he was mistaken. After the evidence had been…
1Opinion of the Court
By the Court
Johnson, J.
This is a clear case, upon the merits, for a rescission of the contract in question between the parties, and a judgment declaring it to be void and of no force or effect. It is a plain case of a mistake of fact on the part of the plaintiff. He had purchased of the owner of several lots sub-lot number four, and went into possession under his contract. By mistake, the agent of his vendor pointed out sub-lot number five as the one he had purchased, and he went into possession, supposing it to be Ho. 4, paid the purchase-money' and took his deed, built upon it and fenced it…
2Cases cited4 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Rider v. . PowellNew York Court of Appeals · 1863
3Cited by12 opinions
- Abner M. Harper, Inc. v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1913
- Rosenblum v. Manufacturers Trust Co.New York Court of Appeals · 1936
- In re the Estate of ClarkAppellate Division of the Supreme Court of the State of New York · 1931
- Moffett, Hodgkins & Clarke Co. v. City of RochesterCourt of Appeals for the Second Circuit · 1898
- Moffett Co. v. City of RochesterU.S. Circuit Court for the District of Northern New York · 1897
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