Judgment reversed on the law and the facts, with costs, and judgment directed in favor of appellant, on the merits, in the sum of $3,500 with interest. Findings of fact inconsistent herewith are reversed, and new findings are made as indicated herein.
The memorandum provided that the purchaser was accepting the premises as substantially damaged by fire and smoke, and recited a representation by the seller of "a possible easement or encroachment not exceeding Five...
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