
    Lencrif Realty Corporation, Appellant, v. Thorvald Cappelen, Respondent.
    
      Vendor and purchaser — real property — contract — specific performance — encroachments — action to compel specific performance of contract to purchase real property — defense that building encroached on highway.
    
    
      Lencrif Realty Corp. v. Cappelen, 220 App. Div. 828, affirmed.
    (Argued January 13, 1928;
    decided February 14, 1928.)
    Appeal, by‘permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 27, 1927, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was to compel specific performance of a contract to purchase real property. The defense was that the building encroached upon the highway and that plaintiff was unable to convey to the defendant a title free from incumbrances as required by the contract.
    
      
      James Marshall for appellant.
    
      James F. Collins for respondent.
   Judgment affirmed, with costs; no opinion.

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