
    Gilbert O. Smith, Appellant, v. Elijah Osterhout, Respondent.
    
      Smith v. Osterhout, 173 App. Div. 912, affirmed.
    (Argued November 26, 1918;
    decided December 10, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 6, 1916, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury in an action to compel specific performance of a contract to purchase real property. The answer set up as a separate defense that the execution of the contract was induced by certain false and fraudulent representations, and a counterclaim for the return of a sum paid by defendant on the signing of the contract, on the ground that it was obtained from the defendant by means' of false and fraudulent representations.
    
      Harry N. Selvage for appellant.
    
      Caleb H. Baumes for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Caedozo, Pound, McLaughlin and Andeews, JJ.  