
    Edward W. S. Johnston, as Executor and Trustee under the Will of Joseph Hughes, Deceased, Respondent, v. Martin T. Garvey, Appellant.
    
      Johnston v. Garvey, 139 App. Div. 659, affirmed.
    (Argued February 13, 1911;
    decided February 28, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1910, modifying and affirming as modified a judgent in favor of plaintiff 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.
    
      Joseph G. Engel, Jacob B. Engel and Isaac V. Schavrein for appellant.
    
      Edward W. Johnston and Lewis Johnston for respondent.
   Judgment affirmed, with costs, on opinion of Muller, J., below.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Hiscocic and Collin, JJ.  