1. Complainants seek to recover moneys paid to the defendant on account of a written contract for the purchase of certain lands and premises, and to have a lien impressed on the property for the amount claimed, alleging that the defendant vendor cannot carry out the provision in the contract for a deed of warranty because he has only a ninety-nine-year leasehold interest. Held, complainants knew defendant's interest was only a leasehold when the contract was entered into.
2. Delay in rescission of the contract is evidence of waiver of the alleged fraud, and an election to treat the contract as valid.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons stated in the opinion delivered by Vice-Chancellor Stein in the court of chancery. For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.
For reversal — None.