Friedman v. Handelman

I dissent and vote for affirmance. The February contract, as written, constitutes an assignment of the January contract and makes no exception to its provision that title was to be “ Subject to covenants, restrictions and easements of record.” If more were needed to show the intent of the parties another clause specifically recites that the January contract “ has been initialed by the parties hereto and made part hereof ’ ’. When such plain words are given their usual and ordinary meaning, it is quite apparent that the parties intended to incorporate the provisions of the January contract…