Opinion
April 3, 1950.
In an action to recover a deposit paid by plaintiff pursuant to a written contract, order granting plaintiff's motion for summary judgment, striking out the defenses, and dismissing the counterclaim of defendant Hourigan, and judgment in favor of plaintiff against defendants, affirmed, with a single bill of $10 costs and disbursements to plaintiff against defendants. No opinion. Carswell, Sneed, Wenzel and MacCrate, JJ., concur; Nolan, P.J., dissents and votes to reverse the order, to deny the motion for summary judgment, and to vacate the judgment, on the ground that issues of fact are presented, and such issues should not be determined on affidavits.