Weinheimer v. Ross — 214 N.Y. 630

Majority

p. 630

John F. Weinheimer, Appellant and Respondent, v. Alexander J. Ross et al., as Administrators of the Estate of Eugene M. Voisinet, Deceased, Respondents and Appellants.

(Argued January 26, 1915;

decided February 25, 1915.)

Headnote

Weinheimer v. Ross, 162 App. Div. 926 , 933, affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 8, 1914, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to recover purchase money paid upon a land contract.

p. 631

Alfred H. Martin for plaintiff, appellant and respondent.

Edward R. O’Malley and Julius A. Schreiber for defendants, respondents and appellants.

Judgment affirmed, without costs; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Collin, Hogan, Miller, Cardozo and Seabury, JJ.