Hendler

McCOMB, J.

Defendants appeal from a judgment awarding them $73,000 after trial before a jury in a condemnation action.

Facts: On September 1, 1961, plaintiff filed an action to condemn property owned by defendants.

In January 1952 Mills, who owned the property at that time, entered into an option agreement with Goldring, whereby Goldring agreed to purchase the property at any time within a period of 10 years, upon six months' written notice by Mills.

In April 1961 Mills sold the property to defendants, Goldring's nominees, for $55,352.

At the trial, defendants' expert witness testified that on September 1, 1961, just a few months after defendants had acquired the property from Mills, it was worth about $120,000. The valuation was predicated upon favorable changes in zoning anticipated by the witness.plaintiff's expert witnesses predicted a different zoning change and arrived at an estimate of $65,500. The issue was submitted to the jury, which returned a verdict of $73,000.

[1] Questions: First. Were defendants denied a fair trial due to the misconduct of plaintiff's attorney?

Yes. Defendants contend that Mr. Meline, trial counsel for plaintiff, committed error by his…