
    Belbird Realty Corporation, Appellant, v. Minnie Wolfson, Respondent.
    
      Vendor and purchaser — contract — specific performance — action to compel specific performance of an alleged contract to sell real property — when writing mere receipt.
    
    
      Belbird Realty Corp. v. Wolfson, 221 App. Div. 67, affirmed.
    (Argued June 5, 1928;
    decided June 19, 1928.)
    Appeal from a judgment, entered October 22, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was to compel specific performance of an alleged contract to convey real property which read as follows: “ Received from Belbird Rlty. Corp. check for $100.00 as binder for the purchase of property 835 Columbus Ave. Price $68,000. Subject to 1st mtg. $30,000 at 5|% 5 yrs. Cash $20,000. Balance of $18,000 to be taken back in a purchase money mortgage for 10 yrs. payable $1,000 a year for the 1st 5 yrs. and $1,200 a year for the remaining 5 years with interest at 6% per annum. Contract to be signed Monday Jan. 12/25 at the office of Wm. M. Bennett, 15 William St., balance of $2,900 deposit to be paid on the signing of the contract. In the event of the contract not being signed the $100.00 deposit is to be returned to the purchaser.” The Appellate Division held that the writing constituted a mere receipt and that specific performance should not be granted.
    
      
      Norman S. Goetz, Sylvan Gotshal and Melvin Robbins for appellant.
    
      Francis G. Caffey, Stark B. Ferriss and Francis S. Ferriss for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  