FORMAN, District Judge.
On May 5, 1941 Joseph Rabinowitz of Pennsylvania, plaintiff herein, and Louis Borish of New Jersey entered into a written agreement whereby Borish represented that he operated and owned a clothing factory located at Paulsboro, New Jersey, consisting of the following:
"(a) Land and Factory Building — title in name of L. Borish and Co., a New Jersey Corporation, all the stock of which is owned or controlled by Borish.
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