At the time of the trial, the defendants James H. Howard, Jr., and Sr., were deceased and the action was discontinued as to them. Appellant Maude G. Howard and respondent's assignor entered into an option, later exercised, by which appellant agreed to sell two parcels of land situated along the Northway in Saratoga County, New York, title to close on or before July 1, 1964. By the terms of that contract, appellant was to convey a marketable title subject "to all restrictions...
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