
    GILBERT T. REEDER, Appellant, v. CHARLES G. SCHNEIDER and another, Respondents.
    
      Specific performance—liens, discharge of, before tender
    
    An action for specific performance, cannot be maintained, when, at the time the contract is to be performed, there are existing liens on the premises to be conveyed, which are not provided for in the contract, although the holders agree to discharge them on receiving an assignment from the seller, of the obligation to be executed by the purchaser under the provisions of the contract to him.
    
      Hinckley v. Smith (51 N. Y., 21) followed.
    Appeal from a judgment of the Special Term, dismissing the plaintiff’s complaint.
    
      Edwa/rd T. Bartlett, for the appellant.
    
      Darnel T. Walden, for the respondents.
   Opinion by Lawrence, J.

Davis, P. J., and Daniels, J., concurring.

Judgment affirmed, with costs.  