Opinion
Argued February 21, 1945
Decided April 12, 1945
Appeal from the Supreme Court, Appellate Division, Fourth Department, SEARL, J.
Frederick W. Fuess, Jr., and Barton C. Meays for appellants.
Clarence Z. Spriggs and James Stafford for respondent.
Judgment affirmed, with costs, upon the ground that the plaintiffs as brokers failed to establish that they had produced a buyer who accepted the terms of the defendant in respect to the time for the closing of title. We pass upon no other question. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: DYE, J.