
    Sidney Green v. Edward S. Schroeder.
    N. Y. C. C.
    June 25, 1895.
    Appeal from special term.
    
      Vanderpoel, Chiming & Goodwin, for appl’t; D. J. M. O’Callaghan, for resp’t.
   Conlan, J.

— Appeal from an order sustaining a demurrer, and from an interlocutory judgment thereon entered. We think the court erred in sustaining-the demurrer to the second separate defense in an answer. Heety, on the trial, will have to show substantial performance on his part before he or his assignee can recover back the money advanced to Saltus. Exhibit A refers to Exhibit B, and Exhibit B refers to Exhibit A. They are inseparable in law, and must ‘ be read as construed together. The judgment and order appealed from must be reversed, and demurrer overruled, with costs.  