
    Brody, Adler & Koch Company, Appellant, v. Bella W. Hochstadter et al., Respondents.
    (Argued May 1, 1917;
    decided May 15, 1917.)
    Brody, Adler & Koch Co. v. Hochstadter, 164 App. Div. 943, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 9,1914, affirming a judgment in favor of defendants entered upon a verdict directed by the court. The action was brought by the purchaser under a contract for the sale and purchase of real property to recover from the vendors the down payment of $5,000 and expenses incurred, on the ground that the title tendered was defective. Defendants’ answer included a counterclaim praying for specific performance. A defect was claimed in the title on account of the invalidity of certain foreclosure proceedings through which defendants had derived ■ title.
    
      Lewis M. Isaacs for appellant.
    
      Henry M. Bellinger, Jr., and SolKohn for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Collin, Cardozo, Pound, Crane and Andrews, JJ. Not sitting: McLaughlin, J.  