Ray v. Guida

Monroe, J.,

On July 24,1964, plaintiff and defendant herein entered into a written agreement for the sale by plaintiff to defendant of a lot and house to be constructed thereon. Contained in the printed form of the agreement was the provision:

“This agreement shall not be recorded in the office for the Recording of Deeds or in any other office or place of public record”.

Subsequently, on September 17, 1964, defendant caused a copy of the agreement to be recorded in the office for the recording of deeds. The copy recorded had a line drawn through the above provision. Plaintiff brought this action…