The judgment should be modified by striking out the provision therein that from the balance of the purchase money there should be deducted the sum of §353.63 costs and disbursements, and providing that the plaintiff recover of the defendants Gruet and Scheiderer the said sum of §353.63 costs and disbursements, and as so modified affirmed, with costs. Woodward, Jenks, Gaynor, Rich and Miller, JJ., concurred.