Downes v. Wenninger — 135 N.Y.S. 1109

Majority

p. 1109

DOWNES v. WENNINGER et al.

(Supreme Court, Appellate Division, First Department.

May 24, 1912.)

Headnote

Appeal from Special Term, New York County. Action by Bazena T. Downes against Carolina Wenninger and others. From an order compelling the purchaser to complete his purchase, Edward Mc-Kiernan appeals. Order modified and affirmed.

William A. Keating, for appellant. John F. Moroney, for respondent.

The order appealed from is modified, by striking out the provision requiring the purchaser to pay interest-on the amount of the unpaid purchase price from tbe 2d of June, 1910. As thus modified, the order is affirmed, without costs.