New York Court of Appeals

Edwin Pitcher, Respondent v. Michael Hennessey, Appellant

January 5, 187248 N.Y. 415

Summary

The Court of Appeals reversed the lower court, holding that the term “risk of navigation” includes the risk that the boat could not pass the Black River canal locks, that the parties were mutually mistaken as to that risk, and that equity permits reformation of the written contract to reflect the parties’ original agreement, allowing extrinsic evidence of prior oral negotiations.