Kornblum

Plaintiff sued to rescind a contract for the purchase of real estate and to recover the portion of the purchase price which he had paid, upon the ground that he was induced to enter into the contract by false and fraudulent representations made by the vendor. Lot 23 in “Venice of America Tract,” which is the subject-matter of this controversy, is -one of a series of twelve lots, identical in size, constituting the southwesterly portion of block 2, a business block of the town. The fraudulent representation relied on as the basis for rescission was the alleged statement to plaintiff by defendant Arthurs and her agent that all of these other lots, excepting lot 23, were encumbered by a building restriction which compelled purchasers to begin the erection of buildings thereon within sixty days from the date of purchase, but that lot 23 was free from such building restriction and time limit. The contract made by the agent of defendant with the plaintiff contained the following: “It is understood that restrictions on this lot place no limit on time bldg, must be completed; otherwise, no sale.” The written contract between the parties thus contained no representation as to the status of…