Place v. Cummiskey

On August 27, 1953 plaintiffs conveyed to defendant by deed certain enumerated lots described on case map No. 1218 in the Chemung Clerk’s office. Besides the lots they conveyed title to a street shown on the map, the following *345language being employed in the deed: ‘ ‘ designated as ‘ Lena Place ’ (which name for said thoroughfare shall be retained)

The complaint which is cast in the form of an action for money damages for breach of covenant in the deed, pleads that the reference to the thoroughfare name ‘‘ Lena Place ’’ and the parenthetical statement that the name ‘‘ shall be retained ’’ was “…