Guptill Holding Corp. v. State

This claim is before me for retrial by order of the Appellate Division (20 A D 2d 832) to determine whether certain factual matters not brought out in the trial exist or not, in order adequately to evaluate the damages herein.

This claim, which was tried before the late Judge Major and not decided by him before his death, was by consent of the parties decided by the present Judge on the record submitted at the trial and a viewing by this court of the lands in question.

This court found, in the original decision, that the claimant acquired the Wade and Miller tracts on two separate occasions and…