Majority
p. 561RANALLI v. ZEPPETELLI. (Supreme Court, Appellate Term. June 22, 1905.)
Headnote
1. Contracts—Lease—Merger.The arrangements for a leasing are merged in the lease executed.
[Ed. Note.—For cases In point", see vol. 11, Cent. Dig. Contracts, $| 1129, 1130.]
2. Lease—Reformation.
A lease executed under a mutual mistake may be reformed.
[Ed. Note.—For cases in point, see vol. 42, Cent Dig. Reformation of • Instruments, §§ 74r-76.]
Appeal from Municipal Court, Borough of Manhattan, Second District.
p. 562
Action by Cosimo Ranalli against Pietro Zeppetelli. From a judgment for plaintiff, defendant appeals.
Reversed.
Argued before SCOTT, P. J., and DUGRO and MacLEAN, JJ.
Joseph Gifuni, for appellant.
Frank A. Acer, for respondent.
The action was upon a contract, and no contract that would warrant a recovery by the plaintiff was shown. The arrangement that preceded the lease was merged in the lease. If the lease was executed under, a mutual mistake of, fact, it may be reformed, and appropriate relief thereupon had.
The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event.