Order insofar as appealed from modified in accordance with the memorandum and, as modified, affirmed, without costs of this appeal to either party.
Memorandum:
Defendant admits all the allegations of paragraph 7 of the complaint, except that he denies that he ever promised to pay plaintiff an extra $30,000 if he should purchase a further interest from Christine Cromwell Hoffman. Such denial, in our judgment, is sham. There is no question that defendant made...
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