Garnar v. Bibd
New York Supreme Court
THIS action, was brought upon a bond given in part payment for a lot of ground sold by the plaintiff to William E. Bird, the testator of the defendants. The counsel for the testator, on examining the title, was of the opinion that it was' defective, and so advised his client. This bond was given with a recital stating that it was necessary to procure certain releases, which could not then be obtained, but that the plaintiff should cause the same to be procured.
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THIS action, was brought upon a bond given in part payment for a lot of ground sold by the plaintiff to William E. Bird, the testator of the defendants. The counsel for the testator, on examining the title, was of the opinion that it was' defective, and so advised his client. This bond was given with a recital stating that it was necessary to procure certain releases, which could not then be obtained, but that the plaintiff should cause the same to be procured. And the condition of the bond was for the payment of the same upon and after the perfecting -of the title; within ten years…
1Opinion of the Court
By the Court, Ingraham, P. J.. So far as this judgment directs the reformation of the bond by striking out portions of it, it was erroneous. There was no evidence to show that the bond was not drawn in exact conformity to the agreement made be'tween the parties, previously. On the contrary, the complaint alleges that the bond was drawn according to the agreement between the parties. It is clear that -both obligor and obligee understood that the bond should contain the provisions which were ordered to be stricken out. The reason given for reforming the bond is that the plaintiff employed a…
2Cases cited9 opinions
- Nevius v. . DunlapNew York Court of Appeals · 1865
- Stoddard v. . HartNew York Court of Appeals · 1861
- Baker v. . LorillardNew York Court of Appeals · 1850
- Leavitt v. . PalmerNew York Court of Appeals · 1849
- Champlin v. LaytinNew York Court of Chancery · 1836
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