
    Mary L. Warth et al., Respondents, v. Martin Herman, Appellant.
    
      Warth v. Herman, 144 App. Div. 943, affirmed.
    (Argued December 18, 1912;
    decided March 4, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1911, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a contract to purchase real property.
    
      Selden Bacon and Saul S. Myers for appellant.
    
      William Allaire Shortt for respondents.
   Judgment affirmed, with costs, on-opinion of Burr, J., in Bardes v. Herman (144 App. Div. 772).

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.  