
    BERNSTEIN et al., Appellants, v. SOLOMONSON, Respondent.
    (Supreme Court, Appellate Division, First Department.
    June 23, 1899.)
    Action by Abraham Bernstein and another against Israel Solomonson. Judgment for defendant, and plaintiffs appeal. Affirmed.
    The following is the opinion of the court below (LAWRENCE, J.): “There should be judgment in this case for the defendant, dismissing the complaint on the merits, with costs and disbursements; the defendant having withdrawn the counterclaim set up in the answer. On the agreed state of facts it cannot be claimed that the defendant, if the contract is completed, will receive a marketable title. Fleming v. Burnham, 100 N. Y. 1, 2 N. E. 905; Moore v. Williams, 115 N. Y. 586, 22.N. E. 233, 5 L. R. A. 654. See, also, In re Roe, 119 N. Y. 509, 23 N. E. 1063, and In re Baer, 147 N. Y. 348, 41 N. E. 702. Draw decision and judgment accordingly, and settle on two days’ notice.”
    L. S. Finn, for appellants. H. Wilson, for respondent.
   PER CURIAM.

Judgment affirmed, with costs, on opinion in the court below.  