Opinion
Argued May 22d 1945.
Decided September 27th, 1945.
The question involved on appeal being moot, appeal dismissed.
On appeal from the Court of Chancery.
Messrs. Koestler Koestler ( Mr. Samuel Koestler, of counsel), for the complainants-respondents.
Messrs. Wall, Haight, Carey Hartpence ( Mr. John A. Hartpence and Mr. William W. Shaw, of counsel), for the defendants-appellants.
The appellants, husband and wife, appeal from a decree of the Court of Chancery ordering them specifically to perform a contract to sell real estate.
It appears from an examination of the state of case on this appeal and the motion papers heretofore filed in this court that the question is moot. The appeal is dismissed, with costs.
For modification — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, COLIE, WELLS, RAFFERTY, DILL, FREUND, JJ. 12.