
    Ernest L. Prior, Appellant, v. Margaret B. Self, Respondent.
    
      Contract — option — action to recover money paid for option to purchase real property.
    
    
      Prior v. Self, 207 App. Div. 847, affirmed.
    (Submitted February 21, 1924;
    decided April 1, 1924.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 14, 1923, affirming a judgment in favor of defendant entered upon a verdict. The action was to recover a sum of money paid as alleged as security for the performance of a contract to buy real property, which was never consummated owing to defects in the title. Defendant contended that the money was paid for an option to purchase which • plaintiff refused to exercise.
    
      Stephen Van Wyck for appellant.
    
      John G. Jackson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscook, Ch. J., Pound,' McLaughlin, Crane and Andrews, JJ. Dissenting: Cardozo and Lehman, JJ.  