
    Eleanor Bensinger et al., as Ancillary Executors of Moses Bensinger, Deceased, Appellants, v. Joel B. Erhardt, Respondent, and Max Mayer, Appellant.
    
      Bensinger v. Erhardt, 122 App. Div. 916, affirmed.
    (Argued May 4, 1909;
    decided May 18, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 13, 1907, affirming a judgment in favor of defendant, respondent, entered upon a dismissal of the complaint by the court on trial at Special Term in an action to compel specific performance of an alleged contract to purchase real property.
    
      Louis Marshall, Samuel TTntermyer, Joseph TJliman and Abraham Benedict for appellants.
    
      JohnL. Oadwalader and Francis Smyth for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.  