
    John Thomy et al., Appellants, v. Alvah E. Belcher et al., Respondents.
    
      Thomy v. Belcher, 155 App. Div. 877, affirmed.
    (Argued October 28,1915;
    decided November 16, 1915.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 8, 1913, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The relief sought is an injunction restraining the defendants, their successors and assigns from trafficking in liquors on a parcel of land formerly owned by the parties to the action as tenants in common, the possession of which had passed to the defendants Belcher under a partition agreement. The plaintiffs contend that as a consideration for the partition agreement the defendants Belcher entered into a prior oral agreement not to traffic in liquors on the parcel in question while the plaintiff Thorny was engaged in that business on the adjoining property. The defense is (1) a denial of the oral agreement; (2) that there was a written agreement for partition giving defendants Belcher exclusive control of the parcel in question which cannot be varied by paroi agreement.
    
      John A. Bernhard for appellants.
    
      Charles B. Bechtold for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogax, Cardozo and Pound, JJ.  