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McFarland v. Salerno
Although the assignment at issue was in writing and duly signed by the assignor (General Obligations Law § 5-1107), where “owing to lack of knowledge of a material fact by the party seeking the relief, without negligence on his part, the minds of the parties never met with respect to the property or property interests transferred, or even the consideration therefor,” rescission of an assignment may be granted (Flynn v Smith, 111 App Div 870, 874 [1906]; see also Cramsey v Sterling, 111 App Div 568 [1906], affd 188 NY 602 [1907]).
Retrieving the full opinion text from the archive…
Edward Cramsey, Respondent,
v.
Charles A. Sterling, Appellant
v.
Charles A. Sterling, Appellant
New York Court of Appeals.
Apr 30, 1907.
Hubert E. Rogers for appellant.
Lyman E. Warren and George W. Bristol for respondent.
Cited by 2 opinions | Published
Order affirmed and judgment absolute ordered against appel_ lant on the stipulation, with costs in all courts; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hisoook, JJ.