Blumberg v. DiMARCO

Opinion by

Flood, J.,

This is an appeal from a judgment for the plaintiff in a suit to recover a down payment of $5,000 in connection with the execution of an agreement for the sale of real estate containing an express warranty by the sellers “that the entire tract of land being conveyed under this Agreement of Sale is zoned ‘C’ Residential and that there are no existing Deed Restrictions which may prohibit or limit the uses permitted under the aforementioned ‘O’ Residential Zoning Classification.” In fact there was a building restriction of record to the effect that “no building shall ever be…