March 4, 1921. Arthur I. Strang, for the plaintiff. John J. Crennan [ John F. Lambden with him on the brief], for the defendant. Charles P. Rogers, for William A. Dunneback, as amicus curiae. BLACKMAR, J.: This judgment might have been affirmed upon the opinion of the learned justice at Special Term except for a point of evidence that has been raised upon the appeal. The contract for the purchase of the property was made between the plaintiff or his agent and Henry A. Siebrecht, the husband of Emma