William R. Day

“ When the means of knowledge are open and at hand, or furnished to the purchaser or his agent, and no effort is made to prevent the party from using them, and especially where the purchaser undertakes examination for himself, he will not be heard to say that he has been deceived to his injury to the misrepresentations of the vendor. ”

“ It is true that Richold testifies that he was misled by the silence of Goldberg, and by the situation and use of the property, and stoutly denies that he had the knowledge which a reading of the accurate description of the deed would give. But he undertook to investigate the matter and report upon the title. A casual reading of the description in the deed or examination of the recorded plat would have shown that the premises were not of a uniform depth of 80 feet, and had the Lshape extension in the rear of the lot, which excludes any part of lot 2 from the premises conveyed. ”

“ As to what was said by Goldberg at the time of the purchase of the property, in conversation with Richold, the broker, and at the time the premises were visited by Shappirio with a view to purchase, there is much conflict of testimony. The use of the premises as a connected whole might well lead the purchaser to believe, in the absence of accurate knowledge, that it was all under the ownership of one person, and would be included in the sale of the property to him ”