Appellate Division of the Supreme Court of New York, 1951

Swensen v. Da Cruze

Swensen v. Da Cruze
Appellate Division of the Supreme Court of New York · Decided October 22, 1951
279 A.D. 611; 107 N.Y.S.2d 453; 1951 N.Y. App. Div. LEXIS 3183
Swensen v. Da Cruze

Opinion of the Court

Oral representations made prior to the execution of an agreement for the purchase and sale of real property are deemed merged in the written contract. The alleged oral representations made thereafter are without consideration. (Strauss v. Levitt & Sons, 244 App. Div. 739; Eighmie v. Taylor, 98 N. Y. 288.) Carswell, Acting P. J., Adel, Sneed, Wenzel and MaeCrate, JJ., concur. [See post, p. 758.]

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