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EVERGREEN LAND CO. v. GATTI

No. 74-229.

554 S.W.2d 862 (1977)

EVERGREEN LAND COMPANY, Appellant, v. Lawrence GATTI, Appellee.

Court of Appeals of Kentucky.

Opinion Reissued As Modified On Denial of Rehearing August 12, 1977.

Attorney(s) appearing for the Case

William W. Lawrence, Lawrence & Lawrence, Louisville, for appellant.

Bernard B. Davis, Handmaker, Weber & Meyer, Louisville, for appellee.

Before HOWERTON, GANT and REYNOLDS, JJ.

HOWERTON, Judge.

By written contract of July 18, 1972, Appellant agreed to sell and Appellee agreed to purchase a 3.01 acre tract of land for $165,000.00. By its terms, the contract stated, "Seller represents the site is presently zoned C-1, Commercial." In fact, 2.86 acres was zoned C-2, and .15 acre or approximately 5% of the tract was zoned R-4. Little significance is placed on the C-2 zoning. From the record it appears that the C-2 classification incorporated...

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