On August 21, 1981, plaintiff contracted to sell defendant 10.24 acres of industrial land in the City of Gloversville for $38,912. Defendant intended to build a leather treatment plant on the land and conditioned the agreement upon his obtaining a $300,000 mortgage. Additionally, the agreement provided for "a warranty of fiduciary deed with lien convenant [sic] conveying good and marketable title to said premises, except for utility easements...
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