Order modified on the law, by striking out the second and third ordering paragraphs thereof and by striking out the first ordering paragraph all the matter following the word "dismissed." As so modified, the order is unanimously affirmed, with $10 costs and disbursements to respondent, with leave to appellant to serve an amended complaint within ten days after the entry of the order hereon.
The only written memorandum which could constitute the contract of sale, as...
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