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BERNHARD W. WEISS et al., Respondents, v. BEN WERMUL, Appellant.

In an action by purchasers of real property to recover from the seller the down payment and expenses of examination of title, defendant's motion to dismiss the complaint for insufficiency or, in the alternative, to strike certain allegations from the complaint, was denied. Order affirmed, with $10 costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. No opinion. Lewis, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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WEISS v. WERMUL
(Mar 1, 1948)