Majority
p. 935Dingley, Appellant, v. Bon, Respondent. (Supreme Court, General Term, Second Department. February 12, 1890.) Argued before Barnard, P. J., and Dykman and Pratt, JJ.
Headnote
Appeal from special term, Kings county.J. C. & H. C. Smith & Koepke, (Herman P. Koepke, of counsel,) for appellant. Johnson & Lamb, (A. E. Lamb, of counsel,) for respondent.
We think the judgment from which this appeal is taken should be affirmed. The action is for the specific performance of a hontract for the sale of real property, and the trial judge has found facts which make the title plainly doubtful and unmerchantable, and his findings are all well sustained. The judgment should be affirmed, with costs.