Majority
p. 883Mary E. Hackett, Respondent, v. George H. View and Frederick A. Emerick, Appellants.
Judgment and order denying motion for new trial reversed and new trial_ ordered, with costs to the appellant to abide, event. Order permitting service of amended reply affirmed. Held, that there was no sufficient evidence of mutual mistake. (See opinion of Nash, J., on former appeal, 109 App. Div. 351 .) Also, that there was no sufficient evidence of waiver or abandonment. All concurred.
Cases cited
- Hackett v. View 109 App. Div. 351 p. 883