Majority
p. 712John T. Dwane, Respondent, v. Berlin & Jones Company, Inc., Appellant, Impleaded, etc.[1]
Judgment so far as appealed from affirmed, with costs. No opinion. Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ.; McAvoy, J., dissents on the ground that it appears from the books that during the period this contract was running the Federal income tax was regularly deducted before apportioning plaintiff’s percentage of profits.