
    Thomas J. O’Brien, Appellant, v. Alva Seybolt, Respondent.
    
      O'Brien v. Seybolt, 151 App. Div. 947, affirmed.
    (Argued March 10, 1914;
    decided March 24, 1914.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 26, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to set aside and cancel a certain contract to purchase land on the ground of fraud and to recover money paid thereon.
    
      John G. Johnson for appellant.
    
      Alva Seybolt, respondent, in person.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Chase, Collin, Cuddeback, Miller and Cardozo, JJ. Absent: Willard Barulett, Ch. J.  