Opinion
May, 1905.
We are of the opinion that the court had no power on this motion to adjust the rights of the parties in respect to matters which could only be the subject of contract. The order must be reversed, with ten dollars costs and disbursements, but without prejudice to the right of the plaintiff to move, if so advised, to be relieved from the purchase or for a resale of the premises. Hirschberg, P.J., Woodward, Jenks, Rich and Miller, JJ., concurred.