Majority
p. 931Studebaker Brothers Company of New York, Appellant, v. John C. Calderwood, Respondent.
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, on the ground that the justice should have found in favor of the plaintiff the fair and true value of the items of the plaintiff’s claim in addition to the two of sixty-one dollars and thirty dollars and fifty cents, which were allowed, and that the so-called counterclaim should have been disallowed. Woodward, Jenks; Gaynor and Rich, JJ., concurred; Hooker, J., dissented.