Legal Opinion
Badger v. Scobell Chemical Co.
New York Supreme Court
Decided May 26, 1927PublishedCited by 1 opinion
1Opinion of the CourtThompson, J.
At the close of the trial plaintiff was permitted to add to the prayer for relief in the complaint a prayer for rescission of the contract in suit. Up to this time plaintiff prayed only for specific performance of the contract, and for general relief. The allegations of the complaint were sufficient to constitute and were consistent with either of these forms of action, and both were available to the plaintiff in the circumstances. (3 Williston Cont. §§ 1418, 1454.)
The trial was extended and from the court’s standpoint was an exhaustive inquiry into all of the facts and circumstances…
2Cases cited17 opinions
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
- Rogers v. New York & Texas Land Co.New York Court of Appeals · 1892
- Phillips v. . West Rockaway Land Co.New York Court of Appeals · 1919
- Russell Hardware & Implement Manufacturing Co. v. Utica Drop Forge & Tool Co.New York Court of Appeals · 1909
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3Cited by1 opinion
- In re the Estate of MontgomeryNew York Surrogate's Court · 1936