Majority
p. 936Peter Keeler Building Company, Respondent, v. E. H. Titchener & Company, Appellant.
Decision amended so as to read as follows: Judgment and order reversed, with costs, and the complaint dismissed, with costs. Opinion by Henry T. Kellogg, J. All concur, except Cochrane, J., dissenting, with a memorandum in which Woodward, J., concurs. [See 190 App. Div. 135 .]