
    Floyd L. Crocker, Respondent, v. Frederick G. Page, Individually, and as Surviving Member of the Firm of Page & Martin, et al., Appellants.
    (Argued April 9, 1925;
    decided May 12, 1925.)
    
      Contract — specific performance — option to purchase real property contained in written lease — defense of waiver and estoppel.
    
    
      Crocker v. Page, 210 App. Div. 735, affirmed.
    Appeal from a judgment, entered November 29, 1924, upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury and directing judgment in favor of plaintiff. The action was to compel specific performance of an option to purchase real property contained in a lease. The defense was waiver and estoppel.
    
      Charles W. Walton for appellants.
    
      Harry Cook and Newton B. Van Derzee for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: Pound, J.  