Majority
p. 970(November 18, 1948.) Nick Mastrodonato, Appellant, v. Patsy Morabito et al., Respondents.
Judgment affirmed, with costs. All concur, except Larkin and Love, JJ., who dissent and vote for reversal and for granting a new trial upon the ground that tender was unnecessary as the record discloses that the defendants refused performance before the closing date and at no time was ready to convey. (The judgment dismisses the complaint in an action to compel specific performance.) Present — Taylor, P. J., McCurn, Larkin, Love and Vaughan, JJ.