
    Occidental Realty Company, Respondent, v. Washington Palmer, Appellant.
    
      Occidental Realty Go. v. Palmer, 117 App. Div. 505, affirmed.
    (Submitted June 9, 1908;
    decided September 29, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 190J, modifying and affirming as modified a judgment in favor of plaintiff entered lipón a decision of the court on trial at Special Term in an action to recover for an alleged breach of a contract to convey real property and for the foreclosure of a vendee’s lien.
    
      Isaac M. Miller for appellant.
    
      Leo G. Rosenblatt, M. S. Isaacs and I. S. Isaacs for respondent.
   Judgment affirmed, with costs, on authority of Elterman v. Hyman (192 N. Y. 113); no opinion.

Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.  