
    Charles C. Clausen, Appellant, v. Herrmann Realty Company, Respondent.
    
      Clausen v. Nerrmann Realty Co., 140 App. Div. 910, modified.
    (Argued May 16, 1912;
    decided June 4, 1912.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 3, 1910, 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 cancel a certain contract of guaranty.
    
      Edward W. S. Johnston for appellant.
    
      Harold Swain and Henry L. Moses for respondent.
   Judgment modified by striking out the words on the merits,” and as modified affirmed, without costs in this court; no opinion.

• Concur: Cullen, Ch. J., Haight, Werner, Willard Bartlett, Hisgock, Chase and Collin, JJ.  