Opinion
January, 1928
Judgment modified so as to provide for payment to appellants of the actual moneys paid by Georg Kirkegaard, deceased, such repayment to be without interest. As so modified, the judgment is affirmed, without costs. A finding in accordance with this decision will be made. Rich, Kapper, Seeger and Carswell, JJ., concur; Lazansky, P.J., dissents and votes to affirm, being of opinion that the finding of the trial court that Georg Kirkegaard had abandoned the contract was completely warranted by the proof.