3 Edw. Ch. 213 | New York Court of Chancery | 1838
This court does not interfere to compel a specific performance, where, from any circumstances of accident, mistake or fraud attending the making of the contract, it would be inequitable and unjust to exact a performance. The principle on which this court withholds its aid in such cases is shown in Clowes v. Higginson, 1 Ves. and Beames, 524, and in the cases there cited.
The facts disclosed in the' bill and answer (and the latter, although replied to, is, to a considerable extent, evidence, at any rate, where not disproved) appear to me to bring the present within the above case of Clowes v. Higginson, in respect to the mistake in the description and contents of one of the lots. The defendant did not intend to sell a lot, except it lay within parallel lines and about the width of twenty-five feet; and it was such a lot as the complainant must be supposed to have purchased, since the lithographic map used at the sale delineated the lots to be sold in no other way. To carry into effect a sale embracing the lot No. 45, as it is now found to exist on the map of the “ Depeyster Tract," would be to effectuate what