
    Julia E. Lingke, Appellant, v. Jacob H. Sammis, Respondent.
    
      Linghe v. Sammis, 115 App. Div. 883, affirmed.
    (Argued October 15, 1907;
    decided October 29, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 3, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to recover an amount deposited on the making of a contract for the sale of certain real property.
    
      Joseph Fettretoh and Rufus L. Seott for appellant.
    
      Willard W. Baylis for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.  