
    Keyes & Marshall Bros. Realty Company, Appellant, v. Trustees of the Canton Christian College, Respondent.
    
      Keyes tfc Marshall Bros. Realty Co. v. Trustees, etc., 146 App. Div. 796, affirmed.
    (Argued April 30, 1912;
    decided May 14, 1912.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 6, 1911, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer in an action upon a covenant of warranty.
    The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ”
    
      John C. O’Conor for appellant.
    
      Mornay Williams for respondent.
   Order affirmed, with costs, on the opinion of Clarke, J., at the Appellate Division, and the question certified is answered in the negative, upon the assumption that it refers to a cause of action maintainable in the courts of this state; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Hiscook and Collin, JJ.  