Wiener v. Canterbury Homes, Inc.

On August 27, 1947, the corporate defendant contracted to sell, and plaintiffs to buy, a dwelling in Westchester *863County. In a letter annexed to the contract and made part thereof, the corporate defendant agreed to spread six inches of topsoil over the lawn. Title closed on November 10, 1947. In this action to recover damages for fraud brought against both the corporate defendant and its president, the individual defendant, plaintiffs alleged two causes of action: (1) damages for fraud with respect to sidings; and (2) damages for fraud with respect to the topsoil. The jury found for plaintiffs…