
    Philip S. Justice, Appellant, v. William B. Lang et al., Respondents.
    (Argued November 39, 1875;
    decided December 7, 1875.)
    • This case has been twice before this court previous to the present appeal. (42 N. Y., 498; 52 id., 323.) The referee, upon the last trial, found, as a question of fact, that the memorandum or agreement sued upon was not delivered absolutely as a valid agreement, but conditionally, and that plaintiff did not perform the conditions. Held, that it was properly disposed of as a question of fact, and the referee’s finding was conclusive.
    
      Samuel Hand for the appellant.
    
      O. Smedburgh for the respondents.
   Allen, J.,

reads for affirmance.

All concur.

Judgment affirmed.  