
    New York Rapid Transit Corporation, Respondent, v. Bronx Investment Company, Appellant, Impleaded with Others. (Actions Nos. 1 and 2.)
    (Argued May 14, 1926;
    decided June 1, 1926.)
    
      Vendor and purchaser — contract — specific performance — real property — title — action to compel specific performance of alleged contract to purchase real property — claimed defect in title.
    
    
      N. Y. Rapid Transit Corp. v. Bronx Investment Co., 216 App. Div. 767, affirmed.
    Appeal, in each of the above-entitled actions, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 23, 1926, which affirmed an order of Special Term denying a motion of defendant, appellant, for a dismissal of the complaint in an action to compel specific performance of an alleged contract to purchase real property. Defendant, appellant, claims that two certain mortgages set out in full in the complaint, by reason of after-acquired property clauses therein, were liens on the real property herein, so that plaintiff was unable to convey the fee of the premises free from all incumbrances as agreed. The Appellate Division held that the clauses mentioned did not affect the plaintiff’s title to the property. The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action? ”
    Order in each case affirmed, with costs; questions certified answered in the affirmative;
    
      Charles L. Woody for appellant.
    
      Trabue Carswell, M. B. Hoffman and George D. Yeomans for respondent.
   no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and LeAman, JJ. Absent: Andrews, J.  