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Nash v. Kornblum

12 N.Y.2d 42 (1962)

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Nash v. Kornblum

New York Court of Appeals

12 N.Y.2d 42 (1962)

Facts

Kornblum (defendant) conducted a summer camp and needed fencing put in around three tennis courts. Kornblum contacted Nash (plaintiff), who operated a fence-building company, for an estimate. The sales employee measured the area and determined that Kornblum needed 484 linear feet of fencing. By phone, Nash quoted Kornblum a price of $2,040 for 10-foot-tall chain-link fencing. Kornblum asked whether there was anything available for a lower price, and Nash mentioned that hex netting would cost less. Kornblum requested written estimates. The sales employee wrote out the estimates and gave them to a stenographer. The hex-netting estimate stated that the price for 968 linear feet with two widths of five each was $1,829. This was intended to represent that amount of fencing required to construct 484 linear feet of fence, but the estimate did not specifically say that. Kornblum accepted the hex-netting estimate, and after the fencing was installed, claimed that Nash had agreed to provide 968 feet of 10-foot-tall fencing for that price. Because some additional fencing had been added, the parties disagreed over the amount owed by Kornblum. Nash sued Kornblum to recover the additional amount and sought reformation of the contract.

Rule of Law

Issue

Holding and Reasoning (Foster, J.)

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