Majority
p. 847Patsy R. Claps, Respondent, v. Marian Claps, Appellant.
Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs. Certain findings of fact disapproved and reversed. Memorandum: The evidence in our opinion does not warrant a finding that the plaintiff was induced to marry the defendant upon her representation that she would reside in the city of Rochester. Moreover the evidence does not support a finding that such representation, if made, was falsely made. If the defendant made such a repre
p. 848
sentation in good faith and has now changed her mind and has refused to live with her husband in the city of Rochester, such refusal may furnish a basis for a separation action but is not a ground for annulment of the marriage. All concur. (Appeal from a judgment dissolving the marriage of the parties, annulment to become final in three months.) Present — McCurn, P. J., Vaughan, Kimball and Wheeler, JJ.