Kafka v. Gerli

Judgment reversed upon the law and the facts, and complaint dismissed, with costs. We are of opinion that the third, fifth and seventh findings of fact are not supported by the evidence and must be reversed. The trial court specifically found, at the request of appellant, that the question as to the size of the lots into which the property mentioned in the complaint could be subdivided for building purposes first came up between the parties in the month of August, 1926; that there was no deceit or fraud practiced by defendant, and that on the 16th of August, 1926, “ defendant duly tendered to…