Opinion
Argued January 11, 1909
Decided January 26, 1909
R. Burnham Moffat for appellant.
James W. Osborne and Gilbert H. Montague for respondent.
Judgment affirmed, with costs, upon the ground that whether the statute of Tennessee, where the land is situated, or the statute of New York, where the contract was made and where the action is brought, be applicable to the case, no action is maintainable for the reason that the contract is fatally defective in failing to designate the land agreed to be sold; no opinion.
Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER and HISCOCK, JJ.