29 N.Y.S. 537 | N.Y. Sup. Ct. | 1894
The action was by the vendor for the reformation and specific performance of an executory contract for the sale of land. The reformation desired is in the statement of the number
Equity accords the relief of specific performance to the vendor in an executory contract for the sale of land, on the principle of mutuality. The vendee in such a contract, but for that relief in equity, would be without adequate remedy in case of refusal of his vendor to convey; and, since he may have his suit for specific performance, the vendor must be equally entitled to it, notwithstanding his action at law for the purchase money. And so, in respect to reformation, the. vendee may, undoubtedly, have a mutual' mistake in respect to the number of acres to be sold at a certain price per acre—and, consequently, in the price to be paid for the whole—corrected by a- reformation of the contract; and so, on the principal of mutuality, the vendor who desires to perform his contract according to its intent may have the same relief in equity upon-: offering at the same time to do equity by making a corresponding reduction in the price to be paid to him. Hill v. Buckley, 17 Ves. 394; Voorhees v. De Meyer, 2 Barb. 37; Paine v. Upton, 87 N. Y. 327, 331, 333. In this case there would seem but little question, on the face of the contract, as to the intent of the parties, viz. to con-tract for the purchase and sale of the land contained within the four boundaries mentioned, known as the “J. Besch Farm,” and conveyed by the recorded deed to which reference was made; and that the exact quantity of land so contained was a secondary consideration, and to be controlled by the previous descriptions. It is also