Majority
p. 911(April 29, 1946.) Max J. Annenberg et al., Appellants, v. Samuel Jacobs, Respondent.
In an action for specific performance of an escrow agreement and for judgment directing defendant to deliver to plaintiffs certain instruments and moneys constituting the purchase price of a parcel of real property, judgment dismissing the complaint on the merits modified on the facts by striking from the first decretal paragraph everything following the words “ the complaint ” and inserting in place thereof the words “ without prejudice and without costs ”; and by striking out the second decretal paragraph. As so modified, the judgment is unanimously affirmed, without costs. It is possible that there may be other credible evidence available. Present — Lewis, P. J., Hagarty, Carswell, Aldrich and Nolan, JJ.