Hiscook, J.
Plaintiff’s complaint is dismissed without costs on the ground that the contract of sale given by defendant Marriott to the plaintiff Coonrad was not of such a fair, just and equitable character as will be specifically enforced by a court of equity. Seymour v. Delancey, 6 Johns. Ch. 222; Margraf v. Muir, 57 N. Y. 158; Sherman v. Wright, 49 id. 227. Complaint dismissed, without costs.