SWENSEN v. DA CRUZE


279 A.D. 611 (1951)

Joseph C. Swensen, Respondent, v. James Da Cruze et al., Appellants

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

October 22, 1951.


Judgment reversed on the law and the facts, with costs, and complaint dismissed on the law, with costs.

Oral representations made prior to the execution of an agreement for the purchase and sale of real property are deemed merged in the written contract. The alleged oral representations made thereafter are without consideration. (Strauss v. Levitt & Sons, 244 App. Div. 739; Eighmie v. Taylor...

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