Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Hiscock and Chase, JJ. Absent: Gray, J.
Johnston v. long Island Inv. & Impr. Co., 104 App. Div. 619, affirmed.
(Argued October 9, 1906;
decided October 23, 1906.)
Appeal from, a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 8,1905, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a contract.
A. G. 1V. Yermilya for appellant.
F. E. Dana for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Hiscock and Chase, JJ. Absent: Gray, J.
186 N.Y. 553
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