
    Stone-Hood Awning Company, Inc., Respondent, v. George Zipp, Appellant.
    (Argued February 27, 1925;
    decided March 31, 1925.)
    
      Vendor and purchaser- — sale of northerly fifty feet of plot of land fronting diagonally on street — when purchaser entitled to conveyance of strip fifty feet in width beticeen its north an$ south lines.
    
    
      Stone-Hood Awning Co. v. Zipp, 210 App. Div. 866, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 9, 1924, .affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. Plaintiff purchased part of a plot of land in the city of Buffalo from the defendant described as “ being the northerly fifty (50) feet measuring parallel with the northerly line of premises described ” in a certain deed. The easterly line of the premises conveyed was an oblique line constituting the westerly line of Main street. The plaintiff claimed that it was entitled to a conveyance of a strip of land fifty feet in width throughout its entire distance with its north and south lines parallel and fifty feet apart. The defendant, on the other hand, maintained that the contract as shown by its terms and a certain blue print did not contemplate or require the transfer of any other or different piece of property than a piece of land having a slanting frontage of fifty feet on Main street and with its north and south lines parallel but not fifty feet apart.
    
      Worthy B. Paul and Richard Wray Werner for appellant.
    
      Thomas R. Stone for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Not voting: His cock, Ch. J'.  