Majority
p. 681Charles Schaefer, Jr., Louise Schaefer and Fred W. Schaefer, as Executors, etc., of Charles Schaefer, Deceased, etc., Respondents, v. Belarmina Alvarez, Belarmina Alvarez, Jr., and Rodolfo Rodriguez, Copartners, etc., Appellants.
The parties having stipulated in writing that this case may be decided by a court of four justices, the decision is as follows: Judgment affirmed, with costs. No opinion. Young, Rich and Kapper, JJ., concur; Lazansky, J., dissents, upon the ground that defendants may not be held liable on a sale, the basis of plaintiffs’ recovery, no note or memorandum of which was signed by defendants,