Opinion
April 28, 1952.
Present — Johnston, Acting P.J., Adel, Wenzel, MacCrate and Schmidt, JJ.
Action by the purchaser at an auction sale to recover the down payment and other expenses. The action was brought upon the grounds that the premises sought to be conveyed to it were incumbered by a declaration by which roads and recreational areas were held in trust to be later conveyed to a membership corporation to be composed of purchasers of the individual plots and that a small parcel shown on a map as included in the sale was not owned by the seller. Plaintiff appeals from a judgment dismissing the second amended complaint. Judgment unanimously affirmed, with costs. The purchasers had full knowledge of all of the facts, and the premises were offered to the purchasers strictly in accordance with the terms of sale.