SHUART v. HEIDGERD


283 A.D. 895 (1954)

Howard T. Shuart, Plaintiff, v. Gustav H. Heidgerd, Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 20, 1954.


Plaintiff and defendant entered into a written agreement, whereby plaintiff agreed to purchase about seventy-two acres of vacant real property from the defendant, and defendant agreed to convey such property to plaintiff by a full covenant warranty deed. On the adjourned closing date, defendant tendered such a deed, containing a covenant to the effect that the premises, except a strip about 1,425 feet long by 600 feet deep, "shall be used for residential housing purposes...

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