
    Oliver Yetto et al., Respondents, v. Lester Parker, Appellant.
    
      Contract — sale — action to recover sum deposited — defense of breach of contract.
    
    
      Yetto v. Parker, 205 App. Div. 859, affirmed.
    (Argued June 8, 1923;
    decided July 13, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 19, 1923, affirming a judgment in favor of plaintiffs entered upon a verdict. The action was to recover a sum deposited with defendant by plaintiffs under contract with defendant for the sale of automobiles by defendant to plaintiffs. The defense was a denial, non-performance by plaintiffs of their part of said contract, performance and a counterclaim by defendant for damages alleged to have been sustained because of nonperformance of the terms of said contract by plaintiffs.
    
      George L. Rifenburgh for appellant.
    
      John T. Norton and Michael J. Deignan for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  