Ordered that the amended judgment is affirmed insofar as appealed from, with costs.
It is well settled that in a real property contract, unless the facts represented are matters particularly within one party's knowledge, the other party must make use of means available to learn, by the exercise of ordinary intelligence, the truth of such matters "`or he will not be heard to complain that he was induced to enter into the transaction by misrepresentation'" (Danann...
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