
    John C. Pratt, as Trustee, Respondent, v. William E. Prentice, Appellant.
    
      Pratt v. Prentice, 166 App. Div. 906, affirmed.
    (Argued October 22, 1917;
    decided November 13, 1917.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 10, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action of ejectment. Defendant was in possession under a lease from the grantor which contained the following clause: “The, party of the first part may sell from time to time any portion of the premises hereby leased and at the time of each and any such sales, second party agrees to vacate such portion or portions thereof and shall not claim or be entitled to receive any compensation for crops or otherwise.” Upon appeal the question of law was presented whether a sale of the whole thirty-two acres by a single deed to plaintiff, a third party, operated to bring the term of the lease under which defendant held to a close and thus shortened the otherwise unexpired lease year.
    
      George P. Decker arid William E. Prentice for appellant.
    
      George W. Watson and James L. Kelly for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Hogan, Cardozo, McLaughlin and Crane, JJ.  