
    Annie M. Marsh, Respondent, v. James Johnston et al., Appellants.
    
      Marsh v. Johnston, 125 App. Div. 597, affirmed.
    (Argued June 17, 1909;
    decided October 5, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 1,1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for an alleged breach of contract to sell real property.
    
      Francis Stochton McDivitt and A. W. Burlingame, Jr., for appellants.
    
      Henry Escher, Jr., George F. Elliott and Jay S. Jones for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Edward T. Bartlett, Werner, Willard Bartlett, Hisoook and Chase, JJ. Absent: Gray, J.  