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

Summary

The New York Court of Appeals held that the written contract containing a 968‑linear‑foot term was the product of a scrivener’s error and, because clear and convincing evidence showed a mutual mistake as to the intended fencing area, the contract should be reformed to reflect the originally agreed 484 linear feet. The trial court’s dismissal was reversed and the matter remanded for reformation.