Larpeg Realty Corp. v. McGrath

Motion for reargument of motion to amend the decision of June 30, 1941 [see ante, p. 904], granted. By stipulation of counsel the facts originally submitted have been supplemented, and, on reargument, we accordingly amend our decision to read as follows: Submission of controversy on an agreed statement of facts. The plaintiff and defendant entered into a contract pursuant to which the plaintiff *1042agreed to sell and convey and the defendant agreed to purchase a certain plot of land subject only to any state of facts which an accurate survey would disclose and to certain zoning restrictions. The…