Reports of Cases Decided in the Appellate Division of the Supreme Court of the State of New York Volume 26

Reports of Cases Decided in the Appellate Division of the Supreme Court of the State of New York Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...and twenty dollars therefor,"_ and demanded judgment for that sum and interest. The amended answer denied these allegations, and set up as an equitable defense that the plaintiffs agreed to construct two wells "at the rate of one dollar per thousand gallons of water per day of twenty-four hours, furnished from said wells, in addition to the water then being derived from the other wells of the defendant," that the written contract, in stating the price, stated it to be ten dollars instead of one dollar, that this was not the intent of the parties, and that the ten dollars was inserted by the plaintiffs with intent to deceive or defraud the defendant, and asked for a reformation of the contract. The reply denied the allegations of the counterclaim. The defendant at the Trial Term moved that the equitable issues be tried first, and that thereafter the court proceed with the trial of the common-law issues. The motion was denied. The defendant thereupon moved that the equitable issues be sent to the Special Term, which was also denied. To each denial the defendant excepted. This court, on a previous appeal from an order denying a motion of the defendant for a trial of the equitable issues at Special Sic. Term, aflirmed the order without prejudice to the right of the defendant to renew the same at the trial. The opinion recognized the defendant's claim that the answer constituted a counterclaim, but held that " the matter was equally available to the defendant as a defense to the action in the manner in which it was plead, and if it was established that there was a mistake in the respect claimed, it constituted a good defense to that extent, and the plaintifi's action would be defeated or their damages more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236893409
  • 9781236893406