
    John R. Hegeman, Respondent, v. Stearns Realty Company, Appellant.
    
      Hegeman v. Stearns Realty Co., 117 App. Div. 754, affirmed.
    (Argued April 20, 1908;
    decided May 19, 1908.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 8, 1907, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to recover a sum paid on account of the purchase price of real property.
    
      Harold Swain and Norman Wilmer Chandler for appellant.
    
      C. N. Bovee and Frederick C. Lawyer for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.  