
    William Oppenheim, Respondent, v. John McGovern, Appellant.
    
      Oppenheim v. McGovern, 115 App. Div. 135, affirmed.
    (Submitted October 16, 1907;
    decided November 1, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 24, 1906, affirming a judgment in favor of plaintifi entered upon a decision of the court at a Trial Term without a jury in an action to recover money paid on a contract for the purchase of certain real- property.
    
      John P. Everett for appellant.
    
      Morton Stein for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.  