Rumsey v. Gersten-Cramer Amusement Co.

Judgment affirmed, with costs. No opinion. Present—Clarke, P. J., Dowling, Smith, Page and Philbin, JJ.; Clarke, P. J., dissented on the ground that under the peculiar terms of this contract and the nature of the property, he is of opinion that the amount deposited was in the nature of liquidated damages, and that, therefore, the complaint should have been dismissed.