Bishop v. Decker

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 22,1914, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was brought to recover an abatement in the contract price of a tract of land upon the exchange by the plaintiff of a flat owned by him for this tract and another piece of Long Island acreage owned' by the defendants. The action is framed upon the theory of legal remedy affording a party a reformation of a contract and conveyance of real property made under a mutual mistake as to the quantity conveyed and granting an abatement of the contract price for a deficiency. Under the contract of sale the tract of land in question was to contain forty-five acres, more or less. It actually contained twenty-five and thirty-six one-hundredths acres. The defense was that the contract provided for a trade in bulk.