Majority
p. 944George L. Fileman and Alexander Pearson, Appellants, v. John J. Mooney, Respondent.
Judgment reversed and new trial granted, with costs to abide the event, on the ground that a cause of action was proven by the plaintiffs which should have been submitted to the jury. It was held upon the former appeal that plaintiffs might disaffirm the contract and seek to recover the sums paid on the contract. [ 184 App. Div. 535 .] This is precisely what they sought to do. Jenks, P. J., Mills, Rich, Blackmar and Jayeox, JJ., concur.