
    Harry Sugarman, Appellant, v. Harry Freeman, Respondent.
   Determination modified by directing that the judgment of the Municipal Court be reversed and a new trial ordered, with costs to defendant, appellant, to abide the event; and as so modified affirmed, without costs in this court, on the ground that a question of fact was presented as to whether the defendant waived the production of the proposed purchaser. Present — Clarke, P. J., Dowling, Smith, Page and Merrell, JJ.  