NASH v. KORNBLUM


12 N.Y.2d 42 (1962)

Frank E. Nash, Doing Business as Frank E. Nash Fence Company, Appellant, v. Harry Kornblum, Doing Business as Camp Mohegan, Respondent.

Court of Appeals of the State of New York.

Decided November 1, 1962.


Attorney(s) appearing for the Case

Garry J. Fury for appellant.

No appearance for respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS and BURKE concur with Judge FOSTER; Judge FULD concurs in result.


FOSTER, J.

The question before us is whether reformation should be granted where the written executed contract contains an essential term which does not represent the term as originally agreed upon in the oral negotiations. The remaining essential terms were not fixed until the execution of the formal contract.

The development of the negotiations and agreement are set forth as follows. Plaintiff, a fence...

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