Opinion
June 16, 1947.
Present — Hagarty, Acting P.J., Carswell, Adel, Nolan and Sneed, JJ.
Action for specific performance of a contract for the sale of real property. Judgment for the plaintiff modified on the law and facts by striking therefrom the direction that the defendant execute a full covenant and warranty deed and by substituting therefor a provision that the defendant shall execute a bargain and sale deed. As thus modified, the judgment is unanimously affirmed, with costs to respondent. The second conclusion of law is modified by striking out the words "full covenant and warranty" and by inserting in place thereof the words "bargain and sale". The inadvertent error in respect of the description of the deed could have been corrected by motion without having recourse to an appeal.