Sullivan v. Graham — 216 N.Y. 689

Majority

p. 689

James Sullivan, Respondent, v. Elizabeth J. Graham, Appellant.

Headnote

Sullivan v. Graham, 159 App. Div. 925 , affirmed.

(Argued October 21, 1915;

decided November 16, 1915.)

Appeal from a judgment of the Appellate. Division of the Supreme Court in the second judicial department, entered December 10, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a contract for the sale and exchange of real property or to recover money paid thereon with interest and damages.

Herbert C. Mason for appellant.

Frederick S. Rauber and Edwin S. Lewis for respondent.

Judgment affirmed, without costs; no opinion.

Concur: Hiscock, Collin, Hogan, Seabury and Pound, JJ.; Willard Bartlett, Ch. J., votes for modification by striking from the judgment the provision for a lien. Concur: Cardozo, J.