
    Samuel Heymann, Respondent, v. John P. Steich, Appellant.
    
      Heymann v. Steich, 134 App. Div. 176, affirmed.
    (Argued February 24, 1911;
    decided March 14, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover the amount of a deposit and expenses of searching title paid and incurred under a contract for ° the sale of real property, title to which was rejected as unmarketable.
    
      James Troy for appellant.
    
      Jacob Brermer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Cray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.  