Euclid Property Co. v. Preisach

LEMERT, PJ.

It is evident from the record that defendant apparently attempted to carry out the verbal contract as made in reference to the location of the house. The stakes that were set by defendants on the south lot line, left room for a 6 foot driveway and we note that a 6 foot gate was put up across from the house to the lot line when plaintiff erected his fence. Finally it was ascertained that the survey was improper and incorrect and there was actually no place for a driveway there. Therefore it is not difficult to understand what interpretation or construction the parties themselves put…