Embien Properties, Inc. v. Emmadine Farms, Inc.

In this action to declare leases valid and to recover rents accrued thereunder, defendant sought a declaration that the leases were not enforcible and demanded reformation and the recovery of rent paid thereunder on the ground that the leases had been entered into under a mutual mistake, in that, contrary to the intention of the parties, they did not contain a provision that a zoning variance had been obtained, and did not provide that they were to he void if defendant could not use the premises for the purposes specified therein. Judgment was granted to defendant declaring the leases invalid…