Majority
Headnote
Action by Mary L. Ibert and others, as executors, etc., of Frank Ibert, deceased, against Obermeyer & Liebmann, a domestic corporation.The judgment, so far as it reforms the contract of August 25, 1911, affirmed, but the deficiency judgment now entered against defendant is stricken out, and conclusions of law numbered 43 and- 44 are modified as hereinafter provided. The decrees below and the final conclusion of law are modified, so as to provide that, upon plaintiffs herein satisfying such deficiency judgment now entered against the executors of the will of Frank Ibert, deceased, they shall be at liberty to apply, at the foot of the decree in this suit, for the- direction and entry of a personal judgment for the amount which they may have actually so paid, with interest from the date of such payment, against the defendant Obermeyer & Liebmann corporation, and, as thus modified, the judgment is affirmed, without- costs.. Settle order -before Putnam, J.