Opinion
October 11, 1943.
In an action in ejectment and for a money judgment for the occupational value of certain realty, order denying plaintiff's motion for judgment on the pleadings affirmed, with one bill of ten dollars costs and disbursements. Without passing upon the sufficiency of the defenses involving part performance of the alleged oral agreement to place the defendants in possession of the realty and to vest them with title, we are of opinion that these and the other issues presented should be tried so that a complete determination may be had. Close, P.J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.