
    HARRY HODES, PLAINTIFF-APPELLANT, v. FRANK MOONEY ET AL., DEFENDANTS-RESPONDENTS.
    Decided December 30, 1930.
    Before Justices Case, Daly and Donges..
    Eor the appellant, Hodes £ Hodes, Herbert A. Kuvin and Harry Green.
    
    Eor the respondents, Berlin £ Berlin.
    
   Per Curiam.

Since the filing of the opinion in this case it has been represented to the court that the defendant Mooney has parted with the property so that a judgment for possession will be ineffectual. Therefore, instead of entering judgment for the plaintiff in this court, the judgment is reversed and the case remanded for a new trial.  