Majority
p. 833Willoughby H. Buteau, Respondent, v. Frederick J. Naegeli, Appellant.
Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment as entered to the sum of $1,218.76; in which event the judgment as so modified and the order appealed from are affirmed, without costs. No opinion. Settle order on notice. Present — Clarke, P. J., Merrell, Finch, MeAvoy and Wagner, JJ.