
    R. I. Realty Co., Inc., Respondent, v. John R. Terrell, Appellant.
   Order granting plaintiff’s motion to strike out separate defenses affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Seeger and Carswell, JJ., concur; Lazansky, P. J., and Kapper, J., dissent and vote for reversal, the former upon the ground that the complaint does not state facts sufficient to constitute a cause of action; the latter, upon the ground that the issue of no option was determined against the plaintiff in the specific performance action.  