Majority
p. 699Third Department, March, 1929. Susan A. Roche, Respondent, v. David J. Walsh, Doing Business under the Firm Name of W. E. Walsh & Sons, Appellant.
Although plaintiff has not appealed, we strike out of the judgment the alternative provision as to delivery of property on the ground that it was unauthorized and unenforeible, and affirm the judgment for $400 and costs, with costs to respondent on this appeal. Van Kirk, P. J., Hinman, Davis, Whitmyer and Hill, JJ.', concur. Judgment modified in accordance with- opinion, and as so modified affirmed, with costs to the respondent on this appeal.