Judgment reversed on the law and the facts, with costs to said defendant, and complaint dismissed on the merits, without costs.
Findings of fact numbered 9, 10, 12, 13, 14, 17, 18, 20, 21, 22 and 23 are reversed; and the following new findings of fact are made: (1) that the respective amounts of the mortgages and bonds in suit represent the agreed balance of the sums due for the erection of the houses and for the expenses incidental to such mortgages and bonds, plus...
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