Majority
p. 670Frank M. Fenton and Others, Respondents, v. Top Notch Farms, Inc., and Samuel G. Meeteer, Appellants, and The Washington County National Bank, Defendant. (Action No. 1.) Top Notch Farms, Inc., Appellant, v. Frank M. Fenton and Others, Respondents. (Action No. 2.)
Respondents have recovered a judgment for a down payment on a contract to purchase a farm, stock and machinery. The vendees refused to enter into possession upon the claim that the stock tendered did not comply with the contract or representations made by the vendor. The evidence sustains the finding that vendees’ refusal was justified. Judgment unanimously affirmed, with costs in one action. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.