Majority
p. 623The Pure Oil Company, Appellant, v. Sarah Rosengarten and William J. Fitzpatrick, Respondents.
Judgment reversed on the law and the facts and new trial granted, costs to abide the event. We are of opinion that plaintiff made out a ;prima facie case to entitle it to specific performance, and that the complaint was, under the circumstances, improperly dismissed on the merits. Rich, Hagarty, Carswell and Scudder, JJ., concur; Lazansky, P. J., dissents.