
    Alexander J. Staub, Respondent, v. Blank Feuer Co., Inc., Appellant.
    
      Contract — sale — rescission — fraud — action to rescind contract of sale of real property on ground of false representations.
    
    
      Staub v. Blank Feuer Co., Inc., 220 App. Div. 724, affirmed.
    (Submitted December 8, 1927;
    decided January 10, 1928.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 17, 1927, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was in equity to rescind a contract of sale of real property situate at 110 and 116 Cambridge street, in the borough of Brooklyn, upon the ground of fraud. The plaintiff established that the defendant fraudulently represented that a second mortgage of $92,000 contained the usual and customary clauses, whereas in fact the said mortgage contained the following unusual clause: “ The unpaid balance of principal and interest hereby secured shall, at the option of the mortgagee, become forthwith due and payable upon any part of the premises becoming let to, owned or occupied by persons other than of the white race.”
    
      Benjamin Reass, Hugo Hirsh, Emanuel Newman and Leonard F. Manheim for appellant.
    
      Charles Berlin, Henry C. Berlin and Robert B. Wilkes for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  