
    J. Peyton Clark, Appellant and Respondent, v. Bird S. Coler, Individually and as Surviving Partner of the Firm of W. N. Coler & Co., et al., Respondents and Appellants.
    
      Accounting ■— syndicate agreement — specific performance — breach of contract.
    
    
      Clark v. Coler, 182 App. Div. 712, affirmed.
    (Argued May 5, 1920;
    decided June 1, 1920.)
    Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 23, 1918, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was for an accounting under a syndicate agreement brought by one member of the syndicate against the others and, in addition to an accounting, asks for specific performance of or damages for the breach of an option agreement for the sale to the plaintiff by the syndicate of certain bonds and stock of one of the railroads promoted by the syndicate.
    
      R. Randolph Hicks and Theodor Megaarden for plaintiff, appellant and respondent.
    
      Martin Conboy for defendants, respondents and appellants.
   Judgment affirmed, without costs; no opinion.

Concur: His cock, Ch. J., Chase; Hogan, Cardozo, McLaughlin, Crane and Elkus, JJ.  