Opinion
Argued March 23, 1956
Decided April 19, 1956
Appeal from the Appellate Division of the Supreme Court in the third judicial department, WILLIAM F. SANTRY, Off. Ref.
Harold F. Simons for appellant.
Joe Schapiro for respondents.
Judgment affirmed. It has been found as a fact that the parties were mutually mistaken concerning the acreage of this parcel of land. Under the theory on which the action was tried and disposed of this is sufficient to warrant affirmance of the judgment. We pass on no other question. No opinion.
Concur: CONWAY, Ch. J., DYE, FULD, VAN VOORHIS, BURKE and WHEELER, JJ.
Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of DESMOND and FROESSEL, JJ.