
    James Kerns, Respondent, v. Charles M. Davenport, Appellant.
    
      Kerns v. Davenport, 136 App. Div. 898, affirmed.
    (Submitted February 28, 1911;
    decided March 14, 1911.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 5,1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an fiction to compel specific performance of a contract to purchase real property.
    
      Harry E. Lewis for appellant.
    
      Meier SteinhrinTc for respondent.
   Judgment affirmed, with costs; no opinion.

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