Little v. Webster
New York Supreme Court
Appeal from special term, New York county; Irving G. Vann, Justice. This was an action brought by Joseph J Little and William J. Demurest against Charles L. Webster and Samuel L. Clemens, praying for the reformation of a written contract entered into between plaintiffs and defendants, and for relief under it as reformed. Trial to the court, and judgment reforming the contract, and granting the relief as prayed. Defendants appeal.
1Opinion of the CourtVan Brunt, P. J.
If it is necessary, in order to support the recovery in this action, that the contract which forms the basis of the action should be reformed, as prayed for in the complaint, and as found in the findings of the learned justice who tried the cause, the judgment appealed from cannot be sustained. In order to justify the court in reforming the contract, the proof of the mistake, as has been said by Chief Justice Spencer, must be clear and decisive; for a written contract executed by the one party, and accepted by the other, affords very high evidence that it speaks the agreement and intention of…
2Cases cited15 opinions
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Hutchinson v. AinsworthCalifornia Supreme Court · 1887
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Fritzler v. RobinsonSupreme Court of Iowa · 1886
- Town of Essex v. DaySupreme Court of Connecticut · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Watson v. . OwenMississippi Supreme Court · 1926
- Devereux v. Sun Fire Office of LondonNew York Supreme Court · 1889
- Sternback v. FriedmanNew York Supreme Court · 1898