Opinion
October 22, 1951.
Appeal from a judgment entered upon the verdict of a jury, in an action for damages occasioned by the alleged fraud and misrepresentations of the sellers in the sale of a dwelling. Judgment reversed on the law and the facts, with costs, and complaint dismissed on the law, with costs. 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 MacCrate, JJ., concur. [See post, p. 758.]