Howden Tile & Marble Co. v. National Engineering Corp.

Order so far as appealed from reversed, with costs and disbursements, and the verdict on the second cause of action reinstated, upon the ground that the testimony presented a question of fact as to whether the contract for the extra work was with the plaintiff or with its former manager, Howden, and that the verdict was supported by a preponderance of the evidence. Present •— Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.