
    George B. Johnston, Respondent, v. Long Island Investment and Improvement Company, Appellant.
    
      Johnston v. long Island Inv. & Impr. Co., 104 App. Div. 619, affirmed.
    (Argued October 9, 1906;
    decided October 23, 1906.)
    Appeal from, a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 8,1905, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a contract.
    
      A. G. 1V. Yermilya for appellant.
    
      F. E. Dana for respondent.
   Judgment affirmed, with costs; no opinion.

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