Sprague v. Griffin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth F. Griffin, individually and as executrix, etc., of George Griffin, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 5th day of October, 1896, upon the decision of the court rendered after -a trial at the Greene County Trial Term before the court without a jury.
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Appeal by the defendant, Elizabeth F. Griffin, individually and as executrix, etc., of George Griffin, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 5th day of October, 1896, upon the decision of the court rendered after -a trial at the Greene County Trial Term before the court without a jury. In January, 1881, one George Griffin died, leaving a last will and testament, with a codicil thereto, in and by which the defendant and appellant, Elizabeth F. Griffin, was designated as the executrix thereof,…
1Opinion of the Court
Herrick, J.:
Where a contract has been entered into between parties under a mutual mistake as to an essential fact, the court has power to grant such relief as the circumstances require. And cases have been frequent in which, where the vendee in a contract for the sale of land has received, either through fraud or the innocent mistake of the grantor, a less amount of land than the contract called for, the courts have granted relief by deducting from the purchase price such an amount as would afford the party wronged redress, instead of vacating the entire contract; but those cases, as a rule,…
2Cases cited3 opinions
- Crowe v. . LewinNew York Court of Appeals · 1884
- Johnson v. . TaberNew York Court of Appeals · 1852
- Gallup v. . BerndNew York Court of Appeals · 1892
3Cited by4 opinions
- Anzalone v. StrandMassachusetts Appeals Court · 1982
- Lichtenthaler v. ClowOregon Supreme Court · 1923
- Paul v. SwearsAppellate Division of the Supreme Court of the State of New York · 1910
- Lighton v. City of SyracuseNew York Supreme Court · 1905